AP 3720 Computer and Network Use

References:

17 U.S. Code Sections 101 et seq.;
Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45; NWCCU 2020 Standard 2.I.1;
ORS 341.290(4);
RCC College Policy – AP-037;
ORS 192.410 – 192.505 Oregon Public Records Law;
ORS 646A.600 – 646A.628 Oregon Consumer Identity Theft Protection Act;
ORS 646A.622 Requirement to Develop Safeguards for Personal Information;
ORS 646A.624 – Powers of Directors, Penalties;
Homeland Security Act;
FERPA (Family Educational Rights and Privacy Act);
ACCJC Guide to Evaluating Distance Education and Correspondence Education

The Chief Information Officer directs that the following regulations and procedures apply to all Rogue Community College information technology resources. These regulations apply to all Rogue Community College students, faculty, staff, administrators, consultants, contractors, authorized guests, and any other persons granted access to College information resources. These individuals are collectively referred to as Users. Rogue Community College will ensure that these procedures and policies are made available to Users prior to their use of College information resources. These regulations apply to all College information technology resources whether individually controlled or shared, stand-alone or networked. These regulations apply to all computing and communication systems owned, leased, operated, or contracted by the College.

This includes, but is not limited to:

1. desktop computers and workstations
2. laptops and tablets
3. servers and storage systems
4. network infrastructure and network devices
5. mobile devices
6. printers, fax machines, and other peripherals
7. software applications and digital services
8. information and data resources

These systems may be used for administrative, academic, research, instructional, or operational purposes. For purposes of this procedure, the systems and resources described above are collectively referred to as the College Network.

Legal Parameters. Abuse or misuse of computing, networking, or information resources associated with the College Network may result in the suspension or termination of access to those resources. Violations may also be subject to disciplinary action in accordance with applicable College policies and procedures, collective bargaining agreements, and relevant State and Federal laws. Users are responsible for ensuring that their use of College technology resources comply with all applicable legal and institutional requirements. Complaints or reports of misuse will be referred to the appropriate College officials for review and potential disciplinary action. The unauthorized reproduction or distribution of materials protected under U.S. copyright law is prohibited and may result in civil liability and criminal penalties, including fines and imprisonment.

1. Property. The College Network systems are the sole property of the Rogue Community College ("College"). Access to and use of these systems is permitted only with proper authorization from the College. Except as otherwise provided in Board Policy, collective bargaining agreements, or applicable Federal or State laws governing intellectual property rights, employees and students do not obtain any ownership rights to the College Network systems or to the information contained within them through their use of any portion of the College Network.
2. Regulations. This administrative procedure exists within the framework of College Board Policy and applicable State and Federal laws. Users of College Network resources who violate these procedures may be subject to disciplinary action, up to and including, but not limited to, loss of College Network privileges; disciplinary suspension or termination of employment, student expulsion; and/or civil or criminal legal action.
1. Copyrights and Licenses. Computer users must respect copyrights and licenses to software and other online information. In addition to software, all other copyrighted information (text, images, icons, programs, etc.) retrieved from computer or network resources must be used in conformance with applicable copyright and other laws. Copied or referenced material must be properly attributed. Plagiarism of digital content is prohibited in the same manner as plagiarism of any other protected work is prohibited.
2. Copying. Software protected by copyright may not be copied, distributed, or published, except as expressly permitted by the copyright holder, the applicable license agreement, or copyright law. Such software may not be copied into, from, or through any College system or facility unless permitted under a valid license or allowed under applicable copyright law, including fair use provision.
3. Network Usage. The downloading, uploading, file sharing, copying, or distribution of copyrighted or unlicensed materials—including movies, music, software, or other digital content—without proper authorization or licensing is prohibited unless explicitly authorized by law or by the College.
4. Number of Simultaneous Users. Software licenses must be managed in accordance with the terms of the applicable license agreements. The number of simultaneous users within a department, classroom, or other functional area must not exceed the number of licensed copies purchased, unless otherwise specified in the licensing or purchase agreement.
5. Removal of Equipment. Users must not remove or attempt to remove College-owned computing equipment, software, or peripherals without proper authorization from College management. This includes, but is not limited to, College owned or purchased desktop computers, laptops, tablets, mobile devices, and related equipment.

Unauthorized Computer and Network Use

1. Interference with Access. Users must not interfere with or disrupt the access or use of the College Network by others. Prohibited activities include, but are not limited to, sending excessive or disruptive email messages; running or installing programs that unnecessarily consume system or network resources when more efficient alternatives are available; excessive or wasteful printing of documents, files, data, or programs; unauthorized modification of system facilities, operating systems, or network storage devices; attempting to disrupt, crash, or overload College computers or network systems; and damaging, vandalizing, or otherwise interfering with College computing facilities, equipment, software, or data.
2. Disruptive Programs. Users must not develop, install, or intentionally use programs that disrupt the College's network or interfere with the work of other users. Prohibited activities include, but are not limited to, accessing private or restricted system areas without authorization; modifying protected system files or user accounts; or introducing software that may damage or impair hardware, software, or network resources. Users are responsible for ensuring that any programs or utilities they use do not interfere with normal system operations or compromise system security. The use or distribution of unauthorized, malicious, or destructive software may result in disciplinary action under this procedure and may also lead to civil or criminal penalties.
3. Abuse of Computing Privileges. Users of College Network resources must not knowingly access computers, software, data, information, or network systems without proper authorization, nor intentionally enable others to do so, regardless of whether the systems or resources are owned by the College or by external organizations. Misuse of networks to which the College is connected, or of computer systems at other sites accessible through those networks, will be treated as an abuse of College computing privileges. Examples of activities that constitute abuse of computing privileges include, but are not limited to, the following:
1. Using a computer account for which the user has not been authorized or designated.
2. Obtaining or attempting to obtain a password for an account without proper authorization, or knowingly or negligently allowing another person to use one's assigned account credentials.
3. Using the College Network to gain unauthorized access to any computer system, network, or data resource.
4. Knowingly performing actions that interfere or disrupt the normal operation, security, or availability of College network resources.
5. Knowingly installing, running, or distributing programs on the College Network intended to take unauthorized control of network resources, damage systems, or place excessive load on College computing infrastructure. This includes, but is not limited to, malicious software such as computer viruses, Trojan horses, worms, ransomware, botnets, or other forms of malware.
6. Masking or falsifying the identity of a user account or computer system, including forging or altering email messages or electronic communications.
7. Attempting to circumvent security controls, data protection measures, or access restrictions, or attempting to identify, exploit, or take advantage of system vulnerabilities or security loopholes.
8. Deliberately wasting or misusing College Network resources through activities such as unauthorized file-sharing schemes, participation in chain emails or spam distribution, or excessive consumption of network bandwidth (for example, non-authorized audio or video streaming).
9. Attempting to monitor, intercept, access, alter, or tamper with another user's electronic communications without proper authorization from the College; accessing, modifying, or deleting another user's files or software without the explicit permission of the owner; or engaging in any activity prohibited under applicable Federal or Oregon State computer crime laws.
10. Using the College Network for gambling activities.
11. Using the College Network for political purposes, except as permitted under applicable State or Federal law and with appropriate College authorization or Board approval where required.
4. Unlawful and Prohibited Messages. Users may not use College electronic communication systems to create, transmit, or distribute messages that are defamatory, fraudulent, harassing, obscene, threatening, or otherwise in violation of applicable Federal or State law, College policy, or institutional standards of conduct. The unauthorized disclosure or transmission of confidential or protected information through electronic communications is also prohibited. The distribution of chain letters, spam, or other excessive or disruptive electronic messages—whether sent within the College or to external recipients—is prohibited.
1. Information Belonging to Others. Users must not intentionally seek, access, copy, or modify data files, programs, or passwords belonging to other users without proper authorization from the owner or the College.
2. Rights of Individuals. Users must not disclose or release personal information about any individual—including students, faculty, or staff—without proper authorization or as otherwise permitted by applicable law or College policy. Users should be aware that electronic communications related to College business may be subject to monitoring, public records requests, or other disclosure requirements under applicable laws, and therefore may not be private.
3. Political, Personal, and Commercial Use. Rogue Community College is a nonprofit, tax-exempt organization and is therefore subject to applicable Federal, State, and local laws governing sources of income, political activity, use of institutional property, and related matters. Use of College information resources must comply with these legal and institutional requirements.
4. Political Use. College information resources must not be used for partisan political activities where prohibited by Federal, State, or other applicable laws.
5. Commercial Usage. College electronic communication systems and network resources may not be used to transmit commercial or personal advertisements, solicitations, or promotional materials without appropriate authorization. Commercial use is defined as activity conducted for financial remuneration or intended to lead to financial remuneration.
5. Prohibited Activities
1. Personal Use. College Network resources are intended primarily for activities that support the educational, administrative, and operational functions of the College. Limited incidental personal use may be permitted, provided such use is reasonable and does not interfere with College operations. Incidental personal use must occur primarily on the user's own time, be occasional in nature, consume minimal resources, and must not conflict with College policies, procedures, or applicable law.
2. Commercial Use. College information resources must not be used for commercial purposes. Users are reminded that the College's license to operate within the ".edu" domain on the Internet restricts the use of those domains to educational and institutional activities. Accordingly, users may not conduct commercial activities using College-owned systems, services, or ".edu" domain resources.
3. Harassment. The use of College Network resources to harass, intimidate, or threaten others is strictly prohibited and may result in disciplinary action and potential legal consequences. Prohibited conduct includes, but is not limited to, the use of College systems or communication services to:
1. Threaten or intimidate others through telephone, email, voicemail, text message, or other electronic communications.
2. Publish or distribute defamatory statements about another individual.
3. Knowingly downloading, displaying, transmitting, or distributing communications, images, or other materials containing sexually explicit content, ethnic slurs, racial epithets, or other material that could reasonably be interpreted as harassment or disparagement of individuals or groups based on protected characteristics—including race, national origin, sex, sexual orientation, age, disability, religion, political belief, or other classifications protected under College discrimination and harassment policies, as well as applicable State and Federal laws.

College Users Rights and Responsibilities

This procedure applies to all members of the Rogue Community College community who utilize the College Network. It governs the use of all College software, technology systems, computer equipment, and communication systems operated or maintained by the College. If any provision of this procedure is determined to be legally invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of the procedure.

1. Ownership Rights. This procedure is based on the principle that the entire College Network, including all associated hardware and software components, is the sole property of Rogue Community College ("the College"). The College establishes the terms and conditions for the use of these resources in accordance with applicable laws and institutional policies. Except as otherwise provided in Board Policy or collective bargaining agreements regarding intellectual property rights, employees and students do not obtain ownership rights to College Network systems or to the information they contain through their use of any portion of the College Network.
2. College Rights. System administrators may access user files or suspend services they manage without prior notice under the following circumstances:
1. To protect the integrity and/or security of the College Network resources.
2. Under time-dependent or critical operational circumstances.
3. As required by, and consistent with, applicable law or College policy.
4. Where credible evidence exists that violations of College policy or administrative procedures may have occurred, system administrators—following established organizational guidelines—may examine individual files or user accounts that appear to be corrupted, compromised, damaged, or subject to unauthorized access or misuse. Information obtained through such access may be used to initiate or support an investigation related to the suspected violation or to protect the integrity and security of College systems, consistent with applicable law and College policy, and may include data stored on College systems, services, or personal electronic storage used in connection with College resources, including cloud-based storage.
3. User Rights. While the College monitors electronic usage as part of its normal network operating procedures, it does not routinely inspect or monitor users' computer hardware, files, email, instant messages, or voicemail systems, nor disclose information created or stored within these systems without appropriate authorization. The College will make reasonable efforts to notify users before accessing computer hardware, files, or accounts, or before suspending services. In situations where access or action must occur without prior notice, the College will notify the affected user as soon as reasonably possible and provide the reason for the action, consistent with applicable law and College policy.
4. User Responsibilities. The College recognizes that computers and networks provide access to resources on and off campus, as well as the ability to communicate with users worldwide. Such open access is a privilege and requires that users act responsibly. Users are expected to respect the rights of others, protect the integrity and security of College systems and related physical resources, and comply with all applicable laws, regulations, policies, and contractual obligations.
   
   Personal computing equipment connected to the College Network is also subject to the procedures outlined in this document. The contents of personal computing devices may be subject to search by the College through reasonable and lawful means, consistent with applicable law and College policy.
   
   For College employees, the intended uses of the College Network are limited to activities that are reasonable and necessary for the performance of assigned job duties. For students, intended use includes activities that are reasonable and necessary for participation in instructional and academic activities.
   
   "Unauthorized use" includes any prohibited activity or any use of College Network resources for purposes that violate applicable laws, College policies, or institutional standards. This includes, but is not limited to, illegal activities; communications that may constitute discrimination or harassment under Federal or State law; or activities that interfere with the intended educational, administrative, or operational use of College resources. Additional examples of prohibited uses and activities are defined throughout this procedure and within the College Acceptable Computer Use Guidelines.

Disclosure

1. Privacy Interests. The College recognizes the privacy interests of its employees and students, including their rights to freedom of speech, shared governance, academic freedom, and participation in protected union or concerted activities. At the same time, the College reserves the right to monitor and review the use of College Network resources to ensure compliance with applicable laws, College policies, and the security and integrity of College systems. Such monitoring will be conducted only for legitimate College purposes, including but not limited to compliance with this procedure, system maintenance and security, responses to court orders or lawful discovery requests, and fulfillment of public records or Freedom of Information Act obligations. The College seeks to provide electronic communications, including email, with privacy protections comparable to those traditionally afforded to paper mail or fax communications, consistent with applicable State and Federal laws.
2. Possibility of Disclosure. Users should be aware that electronic communications may be subject to unintended disclosure. College Network resources may be accessed by authorized individuals for legitimate operational, administrative, or legal purposes, and may also be vulnerable to unauthorized access despite reasonable security measures. Because no electronic communication system can guarantee absolute privacy, users should not assume that communications transmitted through the College Network are completely confidential or private.
3. Retrieval. Information created, stored, or transmitted through College computer or communication systems may be recoverable even after a user has deleted it. Users should be aware that deleted electronic information may remain accessible through system backups, archives, or other data recovery processes.
4. Public Records. The Oregon Public Records Law (ORS 192.410 – 192.505) includes electronic communications within the definition of a "public record." As a result, non-exempt communications created, sent, received, or stored on College networks or computer systems may be subject to disclosure upon request by a member of the public, in accordance with applicable law.
5. Litigation. Computer transmissions and electronically stored information created, transmitted, or maintained on College systems may be subject to discovery in legal proceedings, in accordance with applicable laws and court orders.
6. Dissemination and User Acknowledgement. All users of the College Network must comply with Board Policy, this Administrative Procedure 3720, and any additional policies or guidelines established by the College. Such policies and guidelines will be reviewed periodically by the College and may be submitted for Board approval as official College policies or procedures. Users will be provided access to these regulations, policies, procedures, and guidelines and are expected to familiarize themselves with their contents and comply with their requirements. By accessing or using any part of the College Network, users acknowledge and agree to comply with these policies and procedures.
1. Procedure. A user acknowledgement process will be implemented to support these procedures. This process will be presented to users prior to accessing secured College systems. Users will be required to review the associated policy (AP-3721) and acknowledge that they understand and agree to comply with its requirements and related regulations. User acknowledgement shall be recorded in a form substantially similar to the following:

RCC Information Technology – Acceptable Use Policy

At each workstation login, users are presented with and must acknowledge the RCC Information Technology Acceptable Use Policy (AP-3721), adopted April 25, 2016. The policy is available at the link.

Users must review the policy and acknowledge it by selecting "Okay," indicating that they understand and agree to comply with the guidelines and standards set forth in the policy for the duration of their employment and/or enrollment at the College. Users acknowledge that violations of this policy may result in disciplinary action, including but not limited to suspension or revocation of network access privileges, institutional disciplinary action, and potential civil or criminal penalties under applicable State or Federal law. Users who lock their workstation instead of logging off remain subject to the provisions of AP-3721 and any updates or revisions made to the policy between login sessions.

Rescinds Procedure Number: None

Approved:  April 7, 2020

Revised:  December 6, 2022; May 12, 2026