MONTGOMERY COUNTY INTERMEDIATE UNIT

 

ACCEPTABLE USE OF THE ELECTRONIC

COMMUNICATIONS SYSTEMS AND NETWORK POLICY

 

As a subscriber to Internet Access through the Montgomery County Intermediate Unit, MCLINC has agreed to abide by the following MCIU Acceptable Use Policies for Internet access.

 

Purpose

 

Montgomery County Intermediate Unit (“Intermediate Unit”) provides employees and students with access to the Intermediate Unit’s electronic communication systems and network, which includes Internet access, whether wired or wireless, or by any other means.

 

The electronic communications systems and network provide vast, diverse and unique resources.  The Board will provide access to the Intermediate Unit’s networks and systems and to the Internet for staff members, internet consortium members and for students in order to access information, research, collaboration to facilitate learning and teaching, and to foster the educational purpose and mission of the Intermediate Unit.

 

For students and for staff, the Intermediate Unit’s network and electronic communications systems are to be used primarily for education-related purposes and performance of MCIU job duties.  Incidental personal use of school computers is permitted so long as such use does not interfere with the employee’s job duties and performance, with system operations, or with other system users.  Personal use must comply with this policy and all other applicable policies, procedures and rules, and must not violate any of the rules contained in this policy, and must not damage the school’s hardware, software, computer or electronic communication systems.

 

 

Definitions

 

  1. Access to the Internet - A computer shall be considered to have access to the Internet if the   computer is equipped with a modem or is connected to a computer network which has access to the Internet. 20 U.S.C. § 6777(e)(2).

 

2.   Child Pornography - Any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where:

 

(a)        The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

 

(b)       Such visual depiction is a digital image, computer image, or computer generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or

 

(c)       Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. 18 U.S.C. § 2256(8).

 

2.       Computer - Includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.  20 U.S.C. § 6777(e)(1).  Computer includes, but is not limited to:  desktop, notebook, powerbook, tablet PC or laptop computers; specialized electronic equipment used for students’ special educational purposes; global position system (GPS) equipment; personal digital assistants (PDAs); cell phones, with or without Internet access and/or recording capabilities, mobile phones, or wireless devices; beepers; and any other such technology developed.

 

3.       Electronic Communications Systems - Any messaging, collaboration, publishing, broadcast, or distribution system that depends on electronic communications resources to create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, or print electronic records for purposes of communication across electronic communications network systems between or among individuals or groups, that is either explicitly denoted as a system for electronic communications or is implicitly used for such purposes.  Further, an electronic communications system means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.  Examples include, but are not limited to, the Internet, intranet, electronic mail services, GPS systems, cell phones and PDAs.

 

4.       Educational Purpose - Includes use of the network and electronic communications systems for classroom activities, professional or career development, and to support the Intermediate Unit’s curriculum, policy and mission statement.

 

6.   Harmful to Minors - Any picture, image, graphic image file or other visual depictions that:

 

a)          taken as a whole, with respect to minors, appeals to the prurient interest in nudity, sex, or excretion;

 

b)                   depicts, describes, or represents in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual content, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals, and

 

c)      taken as a whole lacks serious literary, artistic, political, or scientific value as to  minors. 20 U.S.C. § 6801; 47 U.S.C. § 254(h).

 

7.   Incidental Personal Use - Use by an individual employee for occasional personal communications.  Personal use must comply with this policy and all other policies, procedures and rules, and may not interfere with the employee’s job duties and performance, with the system operations, or with other system users.  Under no circumstances should the employee believe their use is private.  The Intermediate Unit reserves the right to monitor access and use of its network and electronic communications systems.

 

8.       The Intermediate Unit Network - All components necessary to effect its operation,  including, but not limited to:  computers, copper and fiber cabling, wireless communications and links, equipment closets and enclosures, network electronics, telephone lines, printers and other peripherals, storage media, software, and other computers and/or networks to which the Intermediate Unit network may be connected, such as the Internet or those of other institutions.

 

9.       Minor - For purposes of compliance with the Children’s Internet Protection Act (“CIPA”), an individual who has not yet attained the age of seventeen.  20 U.S.C. § 6777(e); 47 U.S.C. § 254(h).  For other purposes, minor shall mean the age of minority as defined in the relevant law.

 

10.     Obscene - Analysis of the material meets the following elements:

 

a)                  whether the average person, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest;

 

b)                  whether the work depicts or describes, in a patently offensive way, sexual  conduct specifically designed by the applicable state or federal law to be obscene; and

 

c)                 whether the work taken as a whole lacks serious literary, artistic, political, or scientific value.  18 U.S.C. § 1460.

 

11.     Sexual Act and Sexual Contact - As defined at 18 U.S.C. § 2246(2), and at 18 U.S.C. § 2246(3), 18 Pa.C.S.A. § 5903.

 

12.         Technology Protection Measure(s) - A specific technology that blocks or filters Internet access to visual depictions that are obscene, child pornography or harmful to minors.  20 U.S.C. § 6801; 47 U.S.C. § 254; 47 U.S.C. § 254(h).

 

13.     Visual Depictions - Undeveloped film and videotape and data stored on computer disk or by electronic means which is capable of conversion into a visual image but does not include mere words.  18 U.S.C. § 1460(b); 18 U.S.C. § 2256.

 

Authority

 

1.      Access to the Intermediate Unit’s and school district’s electronic communications systems and networks through school resources is a privilege, not a right.  Inappropriate, unauthorized, and illegal use may result in the revocation of those privileges and/or appropriate disciplinary action.

 

2.      The electronic communications systems and network and the user accounts are the property of the Intermediate Unit, or school district, which reserves the right to deny access to prevent further unauthorized, inappropriate or illegal activity.  In some instances Intermediate Unit employees and students use not only the Intermediate Unit network and electronic communications systems, but also the network and systems resources of a school district in which they are located.  The employees and students must comply with both this policy and any policy that regulates their use of the network and systems in the school district in which they are using the network and systems.  The Intermediate Unit will cooperate fully with school districts, Internet Service Providers, local, state and federal officials in any investigation concerning or related to the misuse of the network and communications electronic systems.

 

3.      It is often necessary to access user accounts in order to perform routine maintenance and security tasks; system administrators have the right to access by interception, and the stored communication of user accounts for any reason in order to uphold this policy and to maintain the system.  Electronic communications systems and network users have no privacy expectation in the contents of their personal files or any of their use of the Intermediate Unit’s network or systems.  The Intermediate Unit reserves the right to track, log and monitor network and system use and to monitor and allocate fileserver space.

 

4.      The Intermediate Unit reserves the right to restrict access to any Internet sites or functions it may deem inappropriate through software blocking or general policy.  Specifically, the Intermediate Unit operates and enforces technology protection measure(s) that monitor and track online activities of minors on its computers used and accessible to adults and students so as to filter or block inappropriate matter on the Internet.  Inappropriate matter includes, but is not limited to, visual, graphic, text and any other form of obscene, child pornographic, or other material  that is harmful to minors, hateful, illegal, defamatory, lewd, vulgar, profane, rude, inflammatory, threatening, harassing, violent, bullying, and terroristic.  Measures designed to restrict adults’ and minors’ access to material harmful to minors may be disabled to enable an adult to access bona fide research or for another lawful purpose.

 

5.      The Intermediate Unit reserves the right to restrict or limit usage of lower priority network, electronic communications systems and computer uses when network and computing requirements exceed available capacity according to the following priorities:

 

a)                   Highest - uses that directly supports the education of the students.

 

b)                   Medium - uses that indirectly benefit the education of the student.

                           

c)          Lowest - uses that include reasonable and limited educationally-related       interpersonal communications and incidental personnel communications.

 

d)         Forbidden - all activities in violation of this policy.

 

6.      The Intermediate Unit additionally reserves the right to:

 

a)                  Determine which network and electronic communications systems services will be provided through Intermediate Unit resources.

 

b)         View and monitor network traffic, file server space, processor, and system utilization, and all applications provided through the network and communications systems, including e-mail.

 

c)         Remove excess e-mail or files taking up an inordinate amount of fileserver disk space after a reasonable time.

 

d)        Log Internet, network, and electronic communications systems use by students and staff.

 

e)         Revoke user privileges, remove user accounts, or refer to legal authorities when violation of this and any other applicable Intermediate Unit policies occurs or state or federal law is violated, including, but not limited to, those governing network use, copyright, security, discipline and vandalism of Intermediate Unit resources and equipment.

 

 

Responsibility

 

1.      Due to the nature of the Internet as a global network connecting thousands of computers around the world, inappropriate materials, including those which may be defamatory, inaccurate, obscene, lewd, vulgar, rude, harassing, violent, inflammatory, threatening, terroristic, hateful, bullying, profane, pornographic, offensive, and illegal, can be accessed through the network and electronic communications systems.  Because of the nature of the technology that allows the Internet to operate, the Intermediate Unit cannot completely block access to these resources.  Accessing these and similar types of resources may be considered an unacceptable use of school resources and will result in suspension of network and electronic communications systems privileges and disciplinary action as outlined in appropriate Intermediate Unit policies.

 

Delegation of Responsibilities

 

1.   The TIS Director and/or designee will serve as the coordinator to oversee the Intermediate

Unit network and electronic communications systems and will work with other regional or state organizations as necessary.

 

2.      The TIS Director and/or designee will approve activities, provide leadership for proper training of all staff in the use of the network and electronic communications systems and the requirements of this policy, establish a system to ensure adequate supervision of the network and electronic communications systems, maintain executed user agreements, and be responsible for interpreting the Intermediate Unit Acceptable Use of the Electronic Communications Systems and Network Policy.

 

3.      The TIS Director and/or designee will establish a process for setting-up individual accounts, set quotas for disk usage on the system, establish a retention schedule, and establish the Intermediate Unit virus protection process.

 

4.      Unless otherwise denied for cause, student access to the Internet, e-mail, or other network and electronic communications systems resources shall be through supervision by the professional staff.  Administrators, teachers and staff have the responsibility to work together to help students develop the skills and judgment required to make effective and appropriate use of these resources.  All users have the responsibility to respect the rights of all other users within the Intermediate Unit and school district networks, electronic communications systems, and throughout the Internet, and to abide by the rules established by the Intermediate Unit, the internet consortium members, and their Internet Service Providers.

 

5.   The electronic information available to students and staff does not imply endorsement of the content by the Intermediate Unit, nor does the Intermediate Unit guarantee the accuracy of information received via the Internet.  The Intermediate Unit shall not be responsible for any information that may be lost, damaged, delayed, misdelivered, or unavailable when using the network and electronic communications systems.  Neither shall the Intermediate

 

Unit be responsible for material that is retrieved by the Internet, or the consequences that may result from them.  The Intermediate Unit shall not be responsible for any unauthorized charges or fees resulting from access to the Internet, network, and electronic communications systems.  In no event shall the Intermediate Unit be liable to the user for any damages whether direct, indirect, special or consequential, arising out the use of the Internet, network and electronic communications systems.

 

Guidelines

 

1.      Access to the Network and Electronic Communications Systems

 

a)                   Network and electronic communications systems user accounts will be used only by authorized owners of the accounts for authorized purposes.

 

b)                   An account will be made available according to a procedure developed by appropriate Intermediate Unit authorities.

 

c)                   Intermediate Unit System.  The Intermediate Unit’s Acceptable Use of the Electronic Communications Systems and Network Policy will govern all use of the Intermediate Unit network and electronic communications systems.  Student and staff use of the network and electronic communications systems will also be governed by the other relevant Intermediate Unit policies, and where applicable, school district policies in which the computer, electronic communications system, or network is located.

 

d)                   Types of Services included, but not limited to:

 

(1)             World Wide Web.  Intermediate Unit employees and students and consortium members will have access to the Web through the Intermediate Unit’s networked computers and electronic communications systems as needed.

 

(2)             E-Mail. Intermediate Unit employees and consortium members will be provided with an individual account as needed.

 

(3)       Guest Accounts. Guests may receive an individual account with the approval   of the IMS Director and/or designee if there is a specific, Intermediate Unit-related purpose requiring such access. Use of the electronic communications system by a guest must be specifically limited to the Intermediate Unit-related purpose.

 

 

2.      Parental Notification and Responsibility

 

The Intermediate Unit will notify the parents about the Intermediate Unit network and electronic communications systems and the policies governing their use through Intermediate Unit divisions.  This policy contains restrictions on accessing inappropriate material.  There is a wide range of material available on the Internet, some of which may not be fitting with the particular values of the families of the students.  It is not practically possible for the Intermediate Unit to monitor and enforce a wide range of social values in student use of the Internet.

 

Further, the Intermediate Unit recognizes that parents bear primary responsibility for transmitting their particular set of family values to their children.  The Intermediate Unit will encourage parents to specify to their child(ren) what material is and is not acceptable for their child(ren) to access through the Intermediate Unit system.  Parents are responsible for monitoring their children’s use of the Intermediate Unit’s networks when they are accessing the system from home.

 

3.      Intermediate Unit Limitation of Liability

 

The Intermediate Unit makes no warranties of any kind, either expressed or implied, that the functions or the services provided by or through the Intermediate Unit network and communications systems will be error-free or without defect.  The Intermediate Unit will not be responsible for any damage users may suffer, including but not limited to, loss of data or interruptions of service.  The Intermediate Unit is not responsible for the accuracy or quality of the information obtained through or stored on the network and electronic communications systems.  The Intermediate Unit will not be responsible for financial obligations arising through the unauthorized use of the Intermediate Unit’s resources.  See also, Delegation of Responsibilities, Subsection 5, which should be interpreted in conjunction with and as consistent with this subsection.

 

4.      Prohibitions

 

The use of the Internet computer network and electronic communications systems for illegal, inappropriate, unacceptable, or unethical purposes by students or employees is prohibited.  Such activities engaged in by all users are strictly prohibited and illustrated

below.  The Intermediate Unit reserves the right to determine if any activity not appearing in the list below constitutes an acceptable or unacceptable use of the network and electronic communications systems.

 

These prohibitions are in effect any time Intermediate Unit resources are accessed whether in school, directly from home, or indirectly through another Internet service provider.

 

a)         General Prohibitions

 

It is prohibited to use the network and electronic communications systems to/for:

 

(1)               Non-work or non-school related communications unless the use comports with this policy’s definition of incidental personal use.

 

(2)               Access material that is harmful to minors, indecent, obscene, pornographic, child pornographic or terroristic.

 

(3)               Transmit material likely to be offensive or objectionable to recipients including, but not limited to, that which may be defamatory, inaccurate, obscene, lewd, hateful, harassing, violent, vulgar, rude, inflammatory, threatening, profane, pornographic, offensive, terroristic and/or illegal.

 

(4)               Cyberbullying another individual.

 

(5)               Access or transmit gambling, pools for money, including but not limited to, basketball and football, or any other betting or games of chance.

 

(6)               Participate in discussion or news groups which cover inappropriate and/or objectionable topics or materials, including those which conform to the definition of inappropriate matter in this policy.

 

(7)               Send terroristic threats, hate mail, harassing communications, discriminatory remarks, and offensive or inflammatory communications.

 

(8)               Participate in unauthorized Internet Relay Chats, instant messaging communications and Internet voice communications (on-line; real time

conversations) that are not for school-related purposes or required for staff members to perform their job duties. 

 

(9)               Facilitate any illegal activity.

 

(10)                Communicate through e-mail for non-educational purposes or activities, unless it is for an incidental personal use as defined in this policy.  The use of e-mail to mass mail non-educational or non-work related information is expressly prohibited (i.e., the use of the “everyone” distribution list, building level distribution lists, or other e-mail distributions lists to offer personal items for sale is prohibited).

 

(11)        Commercial, for-profit, or business purposes (except where such activities are otherwise permitted or authorized under applicable Intermediate Unit policies), unauthorized fund raising or advertising on behalf of the Intermediate Unit and non-school Intermediate Unit organizations, reselling of Intermediate Unit computer resources to non-school Intermediate Unit individuals or organizations, or unauthorized use of the Intermediate Unit’s name.  Commercial purposes is defined as offering or providing goods or services or purchasing goods or services for personal use. Intermediate Unit acquisition policies will be followed for Intermediate Unit purchase of goods or supplies through the Intermediate Unit system.

 

(12)           Political lobbying except with the express approval of the Executive Director for MCIU job-related purposes.

 

(13)           Advertising of any kind, unauthorized fundraising or unauthorized use of the Intermediate Unit’s name will not be permitted on the Internet or e-mail, or any other online service.

 

(14)         Anything that results in a copyright violation.

 

(15)      Install, distribute, reproduce or use of copyrighted software on Intermediate Unit computers, or the copying of Intermediate Unit software to unauthorized computer systems.  The authority to install/download software on IU computers is restricted to TIS Director, TIS Supervisor, IU Technicians and IU Technical Support Specialists.

 

(16)      Install computer hardware, peripheral devices, network hardware or system hardware.  The authority to install hardware or devices on IU computers is restricted to TIS Director; TIS Supervisor, IU Technicians and IU Technical Support Specialists.

 

(17)      Intentionally infringing upon the intellectual property rights of others.

 

(18)      Use of the network and electronic communications systems to commit plagiarism.

 

(19)      Making available material or information the possession or distribution of which is illegal.

 

(20)      Unauthorized access, interference, possession, or distribution of confidential or private information including reposing messages sent to them privately without permission of the person who sent the message.

 

(21)      Intentionally compromising the privacy or security of electronic information.

 

(22)      Using the systems to send any Intermediate Unit information to another party, except in the ordinary course of business as necessary or appropriate for the advancement of the Intermediate Unit’s business, or educational interest.

 

(23)      Sending unsolicited commercial electronic mail messages, also known as spam.

 

(24)      Posting personal and professional web pages without administrative approval.

 

b)                  Access and Security Prohibitions