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13.1.0  Appropriate Use Policy of Information Technology

13.1.1 Authorized Access & Conditions of Use
13.1.2 Privacy – User Responsibilities
13.1.3 Copyright – User Responsibilities
13.1.4 Network Integrity – User Responsibilities
13.1.5 Harassment, Libel & Slander – User Responsibilities
13.1.6 Limitations on Users’ Rights & Expectations
13.1.7 Sanctions
13.1.8 Reporting Abuse or Complaint

13.2 Access to Computer and Network Systems

13.2.1 Availability of Systems & Networks
13.2.2 Requesting Accounts for Using Technology Resources
13.2.3 Termination of Access
13.2.4 Account Retention Policy
13.2.5 Faculty, Staff and Student Username and Passwords
-13.2.5.1 Password Requirements
-13.2.5.2 Password Selection
-13.2.5.3 Password Management
-13.2.5.4 Initial Password
-13.2.5.5 Enforcement of Password Requirements
-13.2.5.6 Notification of Expiring Password
-13.2.5.7 Password Reset Procedures
-13.2.5.8 Additional Recommendations
13.2.6 Use of MBC Owned Computer Equipment & Software
-13.2.6.1 General Use of College Issued Equipment
-13.2.6.2 Off-Premise Use of MBC Owned Computer Equipment
-13.2.6.3 Home Use of MBC Licensed Software
13.2.7 Laptop Use and Protection of Sensitive Data
-13.2.7.1 Introduction
-13.2.7.2 Eligibility
-13.2.7.3 Acceptable Use for Laptops
–13.2.7.3.a  Loss, Theft and Data Security
–13.2.7.3.b  Damage to Laptops
–13.2.7.3.c  Virus, Hacking, and Security Protection
-13.2.7.4 Software on Laptops
-13.2.7.5 Laptop Equipment Return
-13.2.7.6 Support
13.2.8 Connecting Personally Owned Computer Equipment to the Network
13.2.9 Off-Campus Access to Computing & Network Resources
13.2.10 Requesting Off Campus VPN MBCNet Access

13.3 Privacy and Monitoring

13.3.1 Network Monitoring, Logging and Data Retention
13.3.2 Requesting Private Network User Activity Information

13.4 User Support – Computers & Telephony

13.4.1 Getting Help
13.4.2 Help Desk Hours
13.4.3 Help Desk Support Scope and Limitations
13.4.4 Problem Classification
13.4.5 Call Priority
13.4.6 Response Times
13.4.7 Faculty and Staff Hardware Problems
13.4.8 Obtaining or Procuring New Computer Equipment & Peripherals
13.4.9 Recommended Workstation Standards
13.4.10 Support NOT Provided by the MBC Help Desk
13.4.11 Classroom Presentation Equipment
13.4.12 Programming & Report Writing Support
13.4.13 Software Training
13.4.15 Support of Faculty Taught Software
13.4.16 Student Owned Computer Problems

13.5 Campus Messaging & Telephony Systems

13.5.1 Email Guidelines
13.5.2 Email Security
13.5.3 Retention of Email
13.5.4 SMTP Policy (Running Your own Mail Server)
13.5.6 Office Telephone Policy
13.5.8 Cell Phone Policy
13.3.10 Voice Mail messaging System

13.6 Reproduction of Copyrighted Material

13.6.1 What is copyright?
13.6.2 What is “Fair Use”?
13.6.3 Digital Millennium Copyright Act
13.6.4 What materials may be used without first obtaining the copyright owner’s permission and/or paying a royalty?
13.6.5 How does Copyright Law affect Distance Education?
13.6.6 What Guidelines apply to placing materials on Reserve in the library?
13.6.7 What Guidelines Apply to Coursepacks?
13.6.8 What Guidelines apply to the use of Films and Video Recordings?
13.6.9 What Guidelines apply to the Off-Air Recording of Broadcasts?
13.6.10 What Guidelines apply to the copying of Sound Recordings?
13.6.11 What Guidelines apply to the copying of Computer Software?
13.6.12 What Guidelines Apply to the conversion of other Analog Materials to Digital Format?
13.6.13 What Guidelines Apply to the creation of Educational Multimedia?
13.6.14 What Guidelines apply to the downloading and sharing of Audio, Video, Software, and other files?
13.6.15 How do I obtain permission for copying that does not meet the Fair Use Guidelines?
13.6.16 How do I obtain permission to show/broadcast video materials that currently do not have public performance rights?
13.6.17 Who assumes liability for copyright infringements?
13.6.18  Additional Sources of Copyright Information

13.7 Archival Policy

13.8 Accountability for Data Resources

13.9 Software Licensing Property

 

13.1.0  Appropriate Use Policy of Information Technology

13.1.1  Authorized Access & Conditions of Use

Access to modern information technology is essential to the College mission of providing the students, faculty and staff of Mary Baldwin College with educational services of the highest quality. The pursuit and achievement of the College mission of education, research, and public service require that the privilege of the use of telephony communications systems, computing systems and software, internal and external data networks, as well as access to the World Wide Web, be made generally available to all those of the MBC community. The preservation of that privilege by the full community requires that each faculty member, staff member, student, and other authorized user comply with institutional and external  standards for appropriate use.

The privilege of using the telephony, computer and network resources provided by the College is not transferable or extendible by members of the College community to people or groups outside the College without the explicit approval of the Director of Computing and Information Services. The telephony, computer and network resources of the College may not be used by members of the College community for commercial purposes without the explicit approval of the Director of Computing and Information Services or the Vice-President of Business and Finance.

To assist and ensure such compliance, Mary Baldwin College establishes the following policy which supplements all  applicable MBC policies, including sexual harassment, patent and copyright, and student and employee disciplinary policies, the Academic Honor Code, as well as applicable federal and state laws. By using any of the telephony, computer and network resources of the College the user agrees to abide by these policies.

13.1.2 Privacy – User Responsibilities

No user should view, copy, alter or destroy another’s personal electronic files without permission (unless authorized or required to do so by law or regulation). MBC telephony, computing and network resources are designed to protect user privacy; users shall not attempt to circumvent these protections.

Examples of violations are:

  • gaining or attempting to gain unauthorized access to other users’ accounts or restricted information
  • gaining or attempting to gain unauthorized access to restricted resources
  • using another’s computer account ID for fraudulent purposes
  • tampering with other user’s files or passwords
  • attempting to defeat the computer’s security system
  • any action that would intentionally jeopardize the availability or integrity of the system

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13.1.3 Copyright – User Responsibilities

Written permission from the copyright holder is required to duplicate any copyrighted material. This includes, but is not limited to, duplication of music files, audiotapes, videotapes, movie files, photographs, illustrations, computer software,  data and all other information for educational use or any other purpose. Most software and databases that reside on MBC computing and network resources are owned by MBC or third parties, and are protected by copyright and
other laws, together with licenses and other contractual agreements.

Users are required to respect and abide by the terms and conditions of software use and redistribution licenses.  Examples of violations are:

  • downloading unlicensed music or movie files
  • stealing, damaging, or tampering with College owned or licensed software and/or hardware
  • willful and continuous installation of unapproved software on MBC computers
  • obtaining, storing, or using pirated software
  • unauthorized copying or distribution of copyrighted or licensed software or data
  • altering or copying software licensed to Mary Baldwin College without authorization

13.1.4 Network Integrity – User Responsibilities

Certain activities may put the entire network and all users at risk. For this reason users should respect the shared nature of the computer resources. Examples of violations are:

  • attempting to extend the network by installing hubs, switches, routers, wireless access points, or other network devices to user jacks.
  • running scanning or sniffing software, password crackers, or other software tools used to log or trap network information.
  • running software expressly designed to anonymize the user, hense hiding the user’s activities on the network.
  • intentionally developing or using programs that harass other users or infiltrate a computer system and/or damage or alter in any manner the software components of a computer system.
  • running Trojan horses, worms, or other programs that inhibit network activity
  • deliberately wasteful practices such as initiating large amounts of unnecessary printouts
  • unnecessarily holding public workstations for long periods when others are waiting for these devices
  • denying service to other users by participating in activities that slow network response, such as using Peer 2 Peer applications.

13.1.5 Harassment, Libel and Slander – User Responsibilities

No user may use Mary Baldwin College’s computing and network resources to libel, slander or harass any other person
Examples of violations are:

  • forging or sending anonymous email
  • transmitting or displaying harassing, threatening, or abusive material.
  • harassment of other users
  • online behavior that intimidates or offends
  • engaging in behavior that disrupts the study-like atmosphere required in all computing labs

13.1.6 Limitations on Users’ Rights and Expectation

The issuance of a password or other means of access is to assure appropriate confidentiality of MBC files and information and does not guarantee privacy for personal or improper use of MBC telephony, computer or network equipment or facilities.

MBC provides reasonable security against intrusion and damage to files stored on the central facilities. However, MBC is not responsible for unauthorized access by other users or for loss due to power failure, fire, floods, etc. MBC makes no  warranties with respect to Internet services, and it specifically assumes no responsibilities for the content of any advice, data or information received by a user through the use of MBC telephony, computing and network resources.

Users should be aware that MBC telephony, computing and network resources may be subject to unauthorized access or
tampering. In addition, computer records, including e-mail, are considered “records” which may be accessible to the public under the provisions of the Virginia Freedom of Information Law.

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13.1.7 Sanctions

Violators of this policy will be subject to the existing student or employee disciplinary procedures of MBC. Sanctions may include the loss of computing privileges. Illegal acts involving MBC telephony, computing and network resources may also subject users to investigation by campus, local state and federal legal authorities. MBC reserves the right to investigate any suspicious activity.

13.1.8 Reporting Abuse or Complaint

To file a complaint or report a violation of this policy, Create a Help Request, or call the Help Desk of Computing & Information Services at 540-887-4000.

When possible violations of these conditions of use are reported or discovered, facility administrators reserve the right to commence an investigation of possible abuse. In this connection, the facility administrator, with due regard for the rights of privacy and other rights of users, may be given the authority to examine files, passwords, accounting information, printouts, tapes, or other material that may aid the investigation. The Director of Computer and Information Services or a designate, in conjunction with the Director of Safety and Security, must authorize the examination of user files.

Users, when requested, are expected to cooperate in such investigations. Failure to do so may be grounds for cancellation of access privileges. While an investigation is in progress, in order to prevent further possible unauthorized activity, the facility administrator may suspend the authorization of computing services to the individual or account in question.

When possible unauthorized use of computing resources is encountered, the facility administrator shall notify the user. The user is expected to take remedial action or to indicate that such use should be permitted.

Should unauthorized use continue after notification of the user or should differences of opinion persist, these shall be brought to the attention of the Director of OIT for recommendations on further action. Upon the recommendation of the Director of OIT, the facility administrator may impose limitations on continued use of computing resources. In accordance with established MBC practices, confirmation of unauthorized use of the computing facilities may also result in disciplinary review that could lead to expulsion from the College, termination of employment, and/or legal action for employees.

Students who violate these restrictions, disregard approved procedures, or permit unauthorized access are subject to disciplinary action, as stated in the Mary Baldwin College Honor Code or Code of Conduct. The Honor Council or Judicial Board will decide the nature of the action and the seriousness of the violation and its consequences.

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13.2.0  Access to Computer and Network Systems

13.2.1  Availability of Systems & Networks

There is an Ethernet network serving the entire campus. There are multiple servers attached to this network supplying services such as Email, web pages, file storage, and application serving. There is also a midrange system and an integrated software package used primarily for administrative information. Most offices are connected to this system. This software supports operations for the Business Office, Registration, Admissions, Institutional Advancement, Financial Aid, and Housing.

These systems are generally available 24 hours a day 7 days a week excepting times for scheduled and non-scheduled maintenance and repair. Mary Baldwin College supports computer usage by employees during normal working hours, Monday through Friday, 8:30 am to 4:30 pm. Weekend work requires clearance from OIT.

Deviations from normal hours must be cleared by your supervisors. The supervisor will notify both Security and OIT.

13.2.2  Requesting Accounts for Using Technology Resources

Mary Baldwin College owns all computer facilities and these facilities will be used for Mary Baldwin College related activities only. Neighbors, relatives, friends, alumni, donors, and potential students do not have the right or privilege to use the computer resources except under very unusual circumstances. Requests for special permission to use College computer resources must be made to Office of Information Technology.
All access to computer resources, including the issuing of account Usernames and Passwords, will be approved and processed by Office of Information Technology. All access to departmental computers will be approved by the department or authorized representative.

Hiring Supervisors must request in writing the appropriate accounts for their employees. That includes MBCNet accounts, MBCMail accounts, and Jenzabar TE-AS400 accounts.  No account will be set up until the employee has completed their processing by the Business Office.  Identification information records must be complete before any access to resources will be granted.

Users may access only computing resources for which they have authorization and only for the purposes specified when authorized. These resources may be accessed or used only for functions directly related to the operation of Mary Baldwin College, as defined by your job and supervisor.13.2.2.1  Contractor and Sub-Contractor access of MBC IT systems.

Occasionally there is a requirement for someone who is not directly affiliated with the college, typically a contractor or subcontractor, to have access to Mary Baldwin College technology systems. Access privileges will be granted by OIT on a case by case basis. Never allow others to sign on to systems using your credentials. When such a need arises, contact the Office of Information Technology as early as possible. In all cases, an approved service agreement or scope of work statement will be required describing the functions this user will perform on College systems. If credentials are granted the user must agree to and sign the College Appropriate Use Agreement before beginning work. Accounts will be active for a 90 day period, at which time they will be closed automatically. You may request an extension if necessary.

Example: A faculty member wishes to hire a contractor to help them with Blackboard course creation and management. The Faculty member emails help@mbc.edu with the request and the following information:

  • Contractor’s Name, Address, Telephone Number and Email Address
  • Scope of Work approved by the Dean (description of what functions are necessary for the contractor’s work, for  example, grading, reviewing content, posting content, etc. and for which specific courses)
  • Date for contractor’s work to begin

 

This information is verified and confidentially maintained as a contractor/vendor record in the College administrative database.  The Blackboard administrator or designate creates a Blackboard User account for the contractor, registers the user with permissions appropriate to the stated scope of work and notifies the faculty member that the account is ready. If the contractor completes the work in question in less than 90 days, the faculty member notifies OIT through help@mbc.edu when the contractor no longer requires access to Blackboard.

13.2.3  Termination of Access

When you cease being a member of the campus community (e.g., withdraw, graduate, terminate employment, retire, or otherwise leave the  College), or if you are assigned a new position and/or responsibilities within the College system, your access authorization may be reviewed and terminated. You must not use facilities, accounts, access codes, privileges or information for which you are not authorized in your new  circumstances.

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13.2.4  Account Retention Policy

When you cease being a member of the campus community your access authorization is terminated on your exit date. Staff, faculty and adjunct accounts will be terminated, with all data removed, effective immediately upon their departure.

In some special cases, it may be desirable to temporarily have an exiting employee’s email delivered to another MBC user, or to setup an auto responder message indicating the employee is no longer with the college.  These special email requests must be made in advance by the exiting employee’s hiring supervisor, and are not available for student accounts.  Such setups are not to exceed 30 days beyond the employee’s exit interview date.

Emeritus Faculty (see MBC Faculty Handbook, Emeritus Status, Section 2.10.1.3) may retain their MBC email account. Users of these accounts are expected to abide by applicable MBC Appropriate Use Policies.

Graduating students receive a 90-day grace period from their walk date. After that  period their network, email and Online Registrar accounts are removed from MBC’s server systems.  All other exiting student accounts will be terminated, with all data removed, effective immediately upon the departure of the student.
Accounts whose passwords exceed 90 days in age will be locked out, while accounts whose passwords exceed 180 days will be automatically removed from the system including all personally stored information residing on MBC servers.

13.2.5  Faculty, Staff and Student Username and Passwords

Account Usernames and Passwords are assigned to an employee or student. For any computer account, you are responsible for the use made of that account. Only you are authorized to use your account.  You should never allow anyone else to use your Username and Password. You should not log on to a system using your Username and Password and allow others to then use the system.

You should set a Password which will protect your account from unauthorized use, and which will not be guessed easily. If you discover that someone has made unauthorized use of your account, you should change the Password and report the intrusion to the manager of that system or the Director of the Office of Information Technology. You will be required to change your Password on a regular basis, to assure continued security of your account.

13.2.5.1  Password Requirements

For a variety of reasons, it is necessary to restrict access to certain services and to certain types of information. This may be in order to prevent modification of student grades, to restrict access to software or services that are licensed on a per-user basis, or just to make sure that one user does not accidentally delete files owned by someone else.  These protections may even be required in order to meet legal requirements, particularly with regard to privacy rights.

MBC computing systems use the combination of a Username and Password to identify authorized users. You allege your identity by entering a Username. You prove that identity by providing a Password.  Because Usernames may be easily guessed, Passwords may be the only thing preventing an imposter from tampering with sensitive information.

You must keep your Password secret. Do not share it with anyone. Allowing anyone to use your Password violates our policy on system user accountability and may result in disciplinary action. Do not attempt to use any Username or Password that has not been assigned to you. State and federal law may make your use of someone else’s Password a crime.

USERS ARE RESPONSIBLE FOR ANY AND ALL ACTIONS TAKEN USING THEIR USERNAME AND PASSWORD.

Passwords must conform to requirements established by the College’s Auditors and good industry standards. The requirements indicated below apply to all MBC computing systems. These requirements fall into two basic categories: password selection and password management.

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13.2.5.2  Password Selection:

When choosing a new Password, the following requirements must be met. Passwords must…

  • be at least 7 characters in length
  • not contain the Username
  • may not have been used as one of your previous six passwords
  • not match a dictionary of commonly (ab)used passwords
  • contain at least three of the following conditions:
    - uppercase letter
    -Lowercase letter
    -Number
    -”Special character” (anything other than a letter or number)

13.2.5.3  Password Management:

Proper management of passwords also requires that certain steps be taken to protect passwords once they have been chosen:

  • Never tell anyone your Password.
  • Never allow anyone else to use your Password.
  • Passwords must be changed every 90 days.
  • Passwords must not be written down where they can be seen.
  • Do not allow anyone to see your Password as you type it.
  • Any online Password changes will require encryption (e.g. SSL).

13.2.5.4  Initial Passwords:

Users may be assigned an initial, or “default” Password when their accounts are first created. These Passwords are valid for a maximum of 15 days and should be changed upon first use.  Initial Passwords may or may not provide access to all services; additional steps may be required to fully activate a user’s account.

13.2.5.5  Enforcement of Password Requirements:

At the time any password is changed, the new password will be automatically checked to verify that it meets the stated requirements. Passwords that do not comply with this standard will not be accepted by the system.

Password auditing procedures may be used periodically. This policy serves as prior notification; typically no further advance warning will be given. Auditing procedures may include, but are not limited to, the use of password ‘cracking’ programs and other utilities. Should a user’s Password be revealed in this manner, the user will be contacted and required to choose a new Password.

Users may also be required to view a brief security awareness program as part of the Password change process and/or as part of initial account activation.

Users may be required to change their Passwords immediately if they have not followed the guidelines listed under “Password Management”.  Accounts that have not had their Passwords changed in over 90 days will be automatically deactivated. After an additional 90 days have passed, the account will be removed from the system.

13.2.5.6  Notification of Expiring Passwords

Where systems permit, users will be given notification 14 days before their Passwords expire. Daily reminders will be sent beginning 7 days before the Password expires. Some notifications will be sent via email to MBC email addresses only.  Users of non MBC email systems should configure email forwarding from their MBC account in order to receive these messages.

13.2.5.7  Password Reset Procedures

Should you need to reset your Password, call the MBC Help Desk.  Passwords will not be reset or reactivated under any circumstances without first verifying the identity of the person making the request.  The user will be required to provide his or her full social security number and MBC ID number as proof of identity. Additional information may also be required.

In the event of a personal visit to the Help Desk, an MBC photo ID will be considered valid proof of identity.

13.2.5.8  Additional Recommendations

Lock Your Computer When You Walk Away – If you are using a password-protected resource, don’t leave the workstation unattended.

Use the MS Window Lock Out feature. Also, when you are finished using a password protected resource, be sure to exit the system (logout or shutdown the computer).  Most incidents of computer “hacking” or other forms of uninvited intrusions are the result of poor password selection or protection.  Don’t be a victim of this by being careless in your handling of passwords.

Use Power-On Passwords – We highly recommend that you use a Power-On Password.  This password is used to keep others from even booting up your computer.  If you choose to use a POP, you must write the password on a piece of paper, seal it in an envelope and send it to OIT for archive storage in the safe.  Without this step, OIT will be unable to assist you if you forget your POP or if service on your machine is necessary and you are unavailable.

Log Out Before Letting Someone Else Use Your Computer – If someone else uses your computer for any reason, log out and require that person to log in with his or her own name and password.

REMINDER: The person to whom an account Username and Password is issued is responsible for all activity on that account.  You are not allowed to let anyone else use your account.  Proper Password security helps ensure that others do not misuse an account for which you are responsible.  If at any time you feel that your Password has been compromised, change it IMMEDIATELY.  Any misuse of your account should be reported to the Office of Information Technology at extension 7075.

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13.2.6  Use of MBC Owned Computer Equipment & Software

13.2.6.1  General Use of College Issued Equipment

You are responsible for the care of equipment issued to you by the College. It is expected that you will use it properly and not intentionally damage it in any way. All equipment is considered an asset of the College and is inventoried.

Should you be asked for inventorying purposes, you must be able to physically produce the equipment. If you cannot produce it, you will be personally responsible for replacing the equipment.

13.2.6.2  Off-Premise Use of MBC Owned Computer Equipment

Removal of Mary Baldwin College computer equipment must be authorized by the Office of Information Technology and by your supervisor or department head. A record of serial numbers and equipment types will be submitted to the Office of Information Technology where the inventory log is kept. This inventory must be completed before the actual movement of computer assets. All MBC equipment removed from MBC premises shall remain the property of MBC.

Reasonable care shall be taken by the employee to preserve the equipment in working order. MBC will assume no liability for consequential damages resulting from the malfunction or failure of MBC equipment. The person removing equipment is responsible for insuring the equipment while in their possession either through homeowners or renters insurance. Equipment will be returned within one day of a request made by the Office of Information Technology or your supervisor.

13.2.6.3  Home Use of Mary Baldwin College Licensed Software

Current software licensing does not permit Mary Baldwin College faculty, staff, or students to take MBC licensed software home for use on their personal computers – even if that home use is business/school related.

Under no circumstances will users copy software made available to her/him without the written authorization of the Director of the Office of Information Technology or the appropriate departmental head. Users will not remove any diskettes or software provided by MBC from the labs or workplace without the proper authorization.

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13.2.7  Laptop – Use and protection of

13.2.7.1  Introduction

Mary Baldwin College has a lifecycle replacement fund for computer technology. Currently, the replacement fund is not fully funded. Thus, the exact planning of replacing equipment remains more an art than a science. Currently, the College owns approximately 700 desktop and laptop computers, numerous printers, much classroom display equipment, many servers, etc. Much of the funding for the larger items must still come from special “one-time” funding allotments.  Because of funding limitations lifecycle replacement plan is conditional, since the funds available must be used not only for personal computers but also for lab and classroom computers.

The College makes a commitment to provide an appropriate (and upto-date) desktop computer for each faculty and staff member. In some cases this may not be a brand-new computer. Recognizing the value in a portable computer, this policy aims to provide an opportunity for faculty to have a laptop computer instead of a desktop computer.

The following represents the laptop purchase policy for faculty/staff in academic departments and for staff in administrative departments.

13.2.7.2  Eligibility

In general, the following groups of faculty will be considered first:

  1. Online faculty who regularly teach two or more online courses each semester.
  2. Web-enhanced classes – Faculty who regularly teach 50% or more of their course load either as web-enhanced, hybrid, or online.
  3. Faculty teaching computer intensive courses or those who heavily utilize computers in the teaching of their classes.

The College will consider purchasing a laptop computer under the following conditions:

  1. Only full-time, permanent members of the College community are eligible for consideration for laptops. Efforts will be made to allocate laptops to users based upon job responsibilities and need.
  2.  If the faculty member chooses a laptop computer, it will be purchased in lieu of a desktop computer, not in addition to a desktop computer. Only one or the other will be issued to each person.
  3.  During the lifecycle replacement process the College will subsidize the purchase of the laptop up to the amount currently being spent for a desktop computer.
  4.  If the laptop costs more than the price of the current office desktop configuration, the faculty member or department must pay the difference.
  5.  If a department wishes to purchase the laptop outside of the lifecycle replacement process, the department may do so with approval from their Vice-President. That department will be required to pay the full cost of the computer.
  6.  The laptop must be one supported by OIT and must meet minimum specifications. Currently, the College is purchasing and supporting Dell Latitude E-series and Apple Mac Powerbook laptop computers.
  7.  The College will assume ownership and include it in the MBC Asset Inventory Database. Licensing for software installed and supported by the College requires that the laptops be considered the legal property of the College. However, if an individual takes ownership of the laptop computer most software licensed by the College (for example Microsoft Office) must be removed.
  8.  The faculty member or department is responsible for the purchase of additional office accessories such as a monitor, keyboard, mouse, docking station or a desktop computer, if needed. Any additional items purchased with College money remain the property of Mary Baldwin College.
  9.  The faculty member or department is responsible for the purchase of additional batteries or other consumables.
  10.  Support for laptops purchased under this program is equivalent to standard support for desktops supported by the College.
  11.  When the faculty member is eligible for an upgrade in the lifecycle replacement process, the laptop will be returned to OIT. If the device is not needed, the faculty member or department will be given the opportunity to purchase it for a mutually agreed upon fair market value.

13.2.7.3  Acceptable Use for Laptops

The use of laptops, including off-campus use, is strictly regulated by the College’s Acceptable Use Policy.

13.2.7.3.a  Loss, Theft and Data Security

Laptops provide the convenience of portability. However, these devices are especially susceptible to loss, theft, and the distribution of malicious software because they are easily portable and can be used in a variety of environments.

Misplaced or unsecured laptops may expose sensitive information to the public. Examples may include personal identifiable data which may be protected by federal law or the process utilized to connect to the College network. Given the difficulty in determining what information contained on a computer system has the potential to damage the College, all information must be protected until specifically determined otherwise. The inherent vulnerability of portable computers makes it mandatory that all College-owned portable computers employ encryption and laptop tracking software. All personnel-assigned College-owned laptop or other portable computers are required to comply with this policy. When portable computers are decommissioned the encryption license will be removed and made available for use on another system.

It is important that the laptop user understand that they must protect and remember any encryption keys. The whole point of encryption is so that others cannot get into your data. OIT may not be able to recover or restore encrypted data should you loose your key. Therefore it is also important that you backup your data regularly either to CDs or to network drive space.

Requests for a variance to this policy must be submitted by the Director of OIT. Variances must be re-submitted on an annual basis. The following information must be included in the variance request:

  •  The MBC Asset Tag# for the laptop.
  •  Description of the laptop computer and its use.
  •  Rationale or business case for not encrypting the laptop computer.
  •  Rationale or business case for other variances to this policy such as, not receiving current security fixes, patches or anti-virus updates.
  •  Benefits or costs associated with this request.

All College laptop users shall:

  • Report lost or stolen portable computers to the appropriate authorities including the department director, the OIT director and the MBC Safety office.
  •  Assure portable computers are available to receive license synchronization at least once every 30 days. This is also recommended to facilitate current security fixes, patches, and anti-virus updates.

OIT Staff Members shall:

  • Deploy the encryption software in accordance with the manufacturer’s recommendations and the College’s information technology deployment procedures.
  • Educate users on the need to avoid leaving portable computers unsecured. If they must be left in a vehicle, they should be locked in the trunk.
  • Educate all users on the importance of data security; especially those utilizing a mobile computing environment.

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13.2.7.3.b  Damage to Laptops

Laptops are more susceptible to damage, both due to their portable nature and their relatively fragile construction. Users are expected to take precautions to ensure that laptops are not stolen, lost, or damaged. If laptops are lost, stolen, or otherwise damaged such that they cannot be restored to normal working order, the employee may be responsible for the prorated cost of the laptop (first year: 100%; second year, 75%; third year, 50%; fourth year, 25%).

In case of theft or loss, the user must file a report with the Director of OIT and the College’s Department of Safety and Security. Users are encouraged to check their home insurance policies regarding coverage.

The College will evaluate the circumstances of the theft or loss to determine if the required reimbursement should be waived.

Insurance. Anyone choosing a laptop computer is strongly advised to check to see if they are covered under a homeowners or other insurance policy. Laptops supported by the College are insured by the College up to the base value (currently $1,600 – March 2009).

In the case of a stolen or damaged laptop, a deductible amount of $200 will be applied to every claim; in general, it is the responsibility of the faculty/staff member to cover this deductible. The College assumes no other responsibilities or liabilities than those listed here or required by applicable law.

Repair of laptop computers. MBC purchases 3-year, on-site, next-day service for Dell Latitude laptops. Most repairs are performed by a certified Dell repair technician. In some cases a laptop computer can only be serviced by sending it back to the manufacturer. Users of laptops should be aware that this may cause inconvenience, since they may be without any computer during the time the laptop has been returned for service. OIT does not have loaners available for these repair periods.

In general, lost, stolen, or damaged laptops will be replaced with desktops from the pool of available cascaded computers. These computers will subsequently be upgraded according to the college’s lifecycle refresh plan for desktops. At that time, users may be eligible for consideration for a laptop.

13.2.7.3.c  Virus, Hacking, and Security Protection

To ensure that virus protection and other security patches are current, laptops must be docked and connected to the College’s network over night at least once every two weeks. Users who are offcampus for more than two weeks must contact the Help Desk before docking and reconnecting  heir laptops to the College network. In the case of a significant security alert, users may be contacted by e-mail and/or voicemail, to bring in their laptops to the helpdesk to ensure proper security is enabled on the laptop. Further, in the case of a low security threat level, OIT may choose to waive or extend the two week requirement.

13.2.7.4  Software on Laptops

To the extent possible, OIT will install the same software (Office Suite, MBC400 client, etc.) on laptops as installed on College desktops.

Course specific software will be evaluated on a case-by-case basis, and may need departmental approval and license funding. OIT will only install supported software, and no unlicensed software will be installed under any conditions. Because laptops are provided for college related work, no personal software may be installed.

13.2.7.5  Laptop Equipment Return

Laptops must be returned to OIT if requested or if employment ends. No laptop will be upgraded or replaced unless the original equipment is returned in proper working order.

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13.2.7.6  Support

OIT support of college owned laptops will be equivalent to that provided for college owned desktop computers. Direct support will only be provided while laptops are on campus, and laptops requiring support must be docked.

Users will need their own ISP accounts if they wish to connect to the Internet from home, and may install any drivers or other software required by their ISP for remote connectivity. Specific questions regarding connecting remotely must be referred to the users’ ISPs.

13.2.7.7  Signature Page

Before you are issued a laptop, you must sign a copy of the Mary Baldwin College Laptop Usage Policy and return it to OIT. The signed copy of the policy will be kept in OIT until the laptop is returned or replaced. A link to the policy will also be posted on the College’s web page.

13.2.8  Connecting Personally Owned Computer Equipment to the Network

Students, Faculty, and Staff who connect their personally owned computers to the Mary Baldwin network are required to download and install the Cisco Client Access remediation software. This Network Access Control system ensures that the device connecting to the MBC network is running a supported version of Operating System software with all current security updates and patches. The NAC also ensures that the device is running a supported and updated Anti-Virus software application. If the device attempting to connect fails any of the compliance tests it may not be able to connect to the network at all and may be quarantined. If the level of failure can be remediated, then temporary access to the Internet for a small period of time may be allowed; which would allow the user to go to the appropriate web site for updates and patches. At the next attempt to log on the network the device would be checked for compliance again.

13.2.9  Off-Campus Access to Computing & Network Resources

Mary Baldwin College does not have provisions and does not provide direct off campus dial-in access to MBCNet to faculty, staff, or students.

Under extreme and unusual circumstances, a special VPN connection can be configured on MBC owned computers for use by MBC employees from off campus. In those situations the department requesting the off campus connection must

  1. supply the ISP connection for their employee using service guaranteeing a static IP address
  2. supply or designate the MBC owned computer,
  3. pay for any additional hardware components, such as modems or routers;
  4. pay for the VPN client software and license,
  5. pay for the Certificate Authentication client software and license.

Permission for off campus access is the sole discretion of the Director of OIT. Mary Baldwin College discourages such connections. Please carefully evaluate the value of having your staff working from their homes. Supervision and support can be handled much better when staff is working on campus.

13.2.10  Requesting Off Campus VPN MBCNet Access

The Supervisor must make a formal written request to the OIT office care of the Director indicating:

  1.  who you wish to be authorized for off-campus connection.
  2.  a brief description of what type of work they will be doing (for hard copy documentation).
  3.  the specific start and stop dates for access to the system (cannot exceed a 30-day period of time.)
  4.  the MBC owned device that is to be configured.
  5.  an account number to be used for all department charges.

You must allow 5 working days for setup of the off campus account access.

13.2.10.1Support for Off Campus Dial-in Access

Mary Baldwin College will not supply equipment to the employee for home access. OIT will not support employee’s personal equipment used for temporary off-campus in access.

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 13.3 Privacy and Monitoring

13.3.1 Network Monitoring, Logging and Data Retention

Purpose: to establish policy for legal procedure without precedence.

Mary Baldwin College does not routinely monitor or log network activity. However, users should also be aware that their uses of university computing resources are not completely private. The normal operation and maintenance of the College’s computing resources require the temporary backup and caching of data and communications, the logging of activity, the monitoring of general usage patterns, and other such activities that are necessary for the rendering of service.

Due to the nature of modern attacks against persons and equipment, MBC reserves the right to capture and log individual data, including but not limited to the contents of the data packets from individual’s PCs and all electronic devices used on campus.

Additionally, MBC does not monitor or restrict material residing on any computer system, whether or not such computers are attached to campus networks. However, computers that are connected to the campus network and violate MBC policies are subject to investigation and disconnection without notice. All computers are assigned Dynamic IP addresses which are subject to change at any time.

If the system administrator, in the performance of duties, uncovers information that an individual is acting inconsistent with this policy, or discovers evidence of criminal activity, the system administrator must report such findings to the appropriate authority. Mary Baldwin College does not have the resources and capacity to log network data indefinitely. At no time will logging data be stored for longer than 30 days, and is subject to purge at any time per OIT discretion. Mary Baldwin College reserves the right to amend and/or append this policy at any point, without prior notification.

13.3.2 Requesting Private Network User Activity Information

What We Can Release:
Mary Baldwin College will not release personal user network and communication activity to anyone as we deem this information to be private information. However there may be times when log information may be requested as a part of a legal investigation. The following procedures are in keeping with similar procedures designed to protect private information of students, faculty and staff.

What We Do When We Get A Formal Request:
Should such information be requested for the investigation of possible illegal activity, the request must be made through the Mary Baldwin College Security Office. The Security Office will determine if the request is a part of a legal investigation. If so, Security should request a formal written request (subpoena, court order, or other legal document) from the originating investigator. The request from the investigator must be specific in outlining the data wanted. The request, through the MBC Security Office, should then be submitted to the Director of Computer and Information Services who will consult with College attorneys and determine if the request can be complied with. If so, the Director will instruct the appropriate technicians to gather the requested information. The information will then be turned over to the Security Office, who will then turn over the information to the requesting party

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13.4 User Support – Computer and Telephony

13.4.1 Getting Help

OIT has created a single Help Desk phone number for you to call. If you have any problems relating to your computer, phones or the MBC network you can call 540-887-7075, or 7075 from on campus.

The Help Desk Analyst will create a work order for tracking every request for help. That way your problem can be tracked and a follow up ensured. Of course the Analyst will attempt to resolve your problem right then on the phone. Each analyst will have basic knowledge of the supported Mary Baldwin College software packages, basic hardware and basic network problems. If the question can’t be answered or the problem can’t be resolved on the phone, the Help Desk Analyst will assign the problem to another appropriate OIT staff member.

13.4.2 Hours

Mary Baldwin College supports computer usage by employees during normal working hours, Monday through Friday, 8:00 am to 4:30 pm. Weekend and evening work requiring support must be approved by the Director of OIT in Advance. Deviations from normal hours must be cleared by a vice president. The supervisor will notify both Security and OIT.

ANY non employee using the Administrative Computer Systems must have Mary Baldwin College OIT clearance in writing in advance of use. The Help Desk will provide support via telephone. The Help Desk will be staffed to provide support from 8:00 am to 4:30 pm EST, Monday through Friday with the exception of school holidays, and energy saving summer 4 day work weeks.

OIT does not provide weekend support or after-hours support, except in legitimate emergencies or on a pre-scheduled basis. Requests for support received after 4:30 p.m. EST weekdays or anytime on the weekend are deferred until the next business day. At other times you may submit an online help request. You can also get help through e-mail via help@mbc.edu. Be sure to include as much detail about the problem as possible in your email message; and include your name and phone number so we can contact you.

13.4.3 Help Desk Support

The goal of Help Desk is to assist Mary Baldwin faculty and staff with the use of Mary Baldwin supported software (see MBC Supported Software) by answering questions and resolving problems specifically related to these items. The underlying assumption is that the faculty and staff members are generally knowledgeable about the software but have additional questions or problems not answered in the documentation or covered during training.

The Help Desk cannot provide individual on-phone software training (see Software Training).

The Help Desk will not provide software or hardware support for students’ personal computers. Limited support for students working in Labs is discussed in the section on Lab Support.

Help Desk Analysts strive to answer all calls promptly. All call requests are dated and time-stamped upon receipt. Requests for support are processed on a first come/first serve basis relative to software and priority. When you place an initial call, a Help Desk Analyst will give you a specific incident number.

13.4.4 Problem Classification

As the first line of assistance for solving technology related problems, the Help Desk will try to determine the problem or likely source, and classify the situation as:

  • Track 1 (Help Desk)
  • Track 2 (Network Support group)
  • Track 3 (Administrative Software Support group).

If Track 1, the Analyst will use all available resources to best resolve the reported problem over the phone and close the Work Order. In cases where a call cannot be resolved over the phone, the Help Desk Analyst will classify the nature of the problem or request as Priority 1, Priority 2, or Priority 3 and will dispatch a MBC Desktop Support Technician to perform on-site actions to resolve the issue.

If Track 2, the Analyst will report the problem or request to MBC Network Support group for classification and monitor progress.

If Track 3, the Analyst will report the problem or request to MBC Administrative Software Support group for classification and monitor progress.

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13.4.5 Call Priority

Calls are prioritized using the following definitions:

Priority 1- We specify this status for critical issues that require immediate help. These are problems that may prevent the performance of a time bound institutional task that effects a lot of people. Use this priority for mission critical applications only. Examples of issues classified as Priority 1 are:

  • Critical Server or system outages
  • Faculty led classroom teaching
  • Registration
  • Billing or Payroll problems
  • Constant system crashes
  • PCs that won’t boot
  • Essential applications that won’t start

Priority 2- We specify this status for issues that are not urgent in nature, but do require a resolution within a reasonable amount of time. These are problems that inhibit an individual from performing their job, but there are other tasks that can be accomplished while their system is down. Examples of issues classified as Priority 2 are:

  • Application re-installs
  • E-mail problems

Priority 3 – We specify this status for general issues where there is no immediacy and that can be handled as time permits and does not require a resolution within 24 hours. Examples of issues classified as Priority 3 are:

  • Software upgrades
  • Computer installs
  • Printer installs

13.4.6 Response Times

During daytime hours a Help Desk Analyst should be available to answer your call immediately. During off hours only emergency calls are directed to Security. Security will contact the OIT Support Technician.

For calls classified as Priority 1, the MBC Support Technician will return a call within a one-day period and attempt to close the call within three working days.

For calls classified as Priority 2, the MBC Support Technician will return a call within a two-day period and attempt to close the call within five working days.

For calls classified as Priority 3, the MBC Support Technician will return a call within a two working day period and determine a suitable timeframe for completion of the task.

13.4.7 Faculty and Staff Hardware Problems

Problems with hardware should go to the Help Desk for resolution or work order assignment. OIT does not have sufficient resources to guarantee loaner CPUs or monitors. Remember that you are responsible for your own data backups for files and documents stored on the equipment assigned to you. OIT cannot guarantee that data that has not been backed up can be recovered if lost due to hardware failure.

13.4.8 Obtaining or Procuring New Computer Equipment & Peripherals

All computer equipment and peripherals, regardless of funding source, must be purchased through OIT. This includes printers, additional RAM, hard drive storage, Zip drive devices, CD-ROM devices, scanners, etc. You may not purchase equipment such as printers from local office supply stores unless approved. This ensures proper asset inventorying, equipment compatibility and warranty coverage.

If upgrades of hardware and components are approved they will be charge to your operating budget. Most computers on campus are updated on a rotational cycle approximately every 4-5 years. Some users are updated more frequently.

If your department has funding for new computers, you can request an update at anytime. Your request will be reviewed and submitted for approval with the Business Office. Simply submit a help request along with the details of the computer setup you need, along with your account number.

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13.4.9 MBC Hardware Specification Standards

See http://academic.mbc.edu/cis for the most up-to-date listing.

13.4.10 Support NOT Provided by the MBC Help

Desk Examples of situations that are not covered by the Help Desk include:

  • Support for a software product not purchased by Mary Baldwin College.
  • Support for faculty and staff home computers and personal software, even if being used on campus.
  • Support for faculty taught applications. The faculty member teaching those packages is responsible for support. OIT will support the faculty in getting the application running.

13.4.11 Classroom Presentation Equipment

Presentation equipment is limited so proper and early scheduling is a must. All scheduling of presentation equipment is handled by the Help Desk (x7075).  Multimedia Services will determine if the equipment is available and confirm your reservation. They will also set it up in your classroom, time permitting. Software installed on mobile units is limited by College licensing. You should check the device to be sure the software you need is installed. If the software is not loaded, you should contact OIT at least three days in advance of your scheduled use. If a license is available, then the software can be installed. If an additional license is required then it will have to be ordered and that may take time. Be advised that payment for an additional license may need to be charged to your department or discipline.

13.4.12 MBC Supported Software Standards

See http://academic.mbc.edu/cis/ for the most up-to-date listing.

13.4.13 Software Training

The Help Desk cannot provide software training over the telephone. It is neither an effective or efficient training method. We make every effort to devote Help Desk time for the exclusive purpose of addressing problem issues and answering specific application questions. Help Desk is not a substitute for Teams 2000 module training. You should request Teams 2000/AS400 module training from your supervisor. Mary Baldwin College provides free limited training workshops as funding permits. Faculty and staff who are unfamiliar with basic software concepts and who need software training will be referred to other training providers.

13.4.14 Fee-based Software Support

There are a few approved vendors who can supply you or your office fee based software support. Usually the base rates are $20.00 to $30.00 per hour, billable in 15-minute increments, with a 15-minute minimum. Please contact OIT for more information.

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13.4.15 Support of Faculty Taught Software

Faculty taught applications are not supported on the Help Desk. These include SPSS, Systat, Minitab, Derive, Quark X-Press, Adobe PageMaker, Adobe Illustrator, System Architect, CTI training packages, Adobe PhotoShop, ArchiCAD, and other faculty taught applications.

The faculty member teaching those packages is responsible for all instruction and support. It is the responsibility of the faculty member to ensure that the software they wish to use in a class will function properly on the currently deployed hardware platform and operating system. Before purchasing any software the faculty member must be sure to get certification from the software publisher that the software will operate with current operating systems.

The ultimate responsibility to make software function rests with the faculty member and the publisher. While OIT will do everything possible to assist faculty in this effort, we cannot be responsible for software that won’t run in the currently supported operating system. Because of the impact on a faculty member’s planned curriculum that non-functioning software can create, as much lead time as possible should be scheduled to test the software before deployment in the labs.

To ensure successful implementation of new software a minimum of ninety days is required from the time the software is delivered to faculty member and OIT for testing until the time of implementation. It is common for released software to fail to operate properly or not at all. Educational software vendors seldom have the support necessary to assist in resolving such serious problems, which may leave a faculty member with a planned course but no operable software. It is the responsibility of the faculty member using the class software to support the students using it in the course.

It should be made clear to students that they are to contact the faculty member with questions and problems. OIT cannot support software programs other than MBC supported packages. You may not install personal software on MBC equipment. All software loaded on Mary Baldwin College equipment must be licensed to the College.

13.4.16 Student Owned Computer Problems

Support for students’ personal computers is limited to support and advise via the telephone or informative documentation. The Computer Center will not work on individual student owned computers, either in the dorm room or in the Computer Center. To request advise on your particular problem you may:

  • Call the Help Desk at extension 7075 The Help Desk is staffed each business day from 8:00 am until 4:30 PM.
  • Request help via the online help request form from the MBC/OIT web page.

Most problems are the result of downloaded programs, music, videos and screen savers. Many of these downloads also include viruses and various malware. MBC requires all students to have updated Antivirus software running on their personal computers and expects students to keep their virus definitions and operating systems up to date. The computer center may not be able to assist students with computers that are infected or have corrupted operating systems. MBC reserves the right to disconnect infected or vulnerable computers if they pose a threat to other computers on the network. It is imperative that you have the original software for your PC available, in case you have to reload your system. Some problems may be too complex to be resolved over the telephone. The Student Support Team are NOT certified service technicians and, therefore, will not make any hardware repairs nor install or remove any software. If your computer or printer is actually broken, the consultant will tell you how to reach a private vendor for fee-based service.

Fee-based Student Support: The responsibility of maintaining your computer is yours alone. Although the Student Support Team can help you with typical software problems and questions, more serious trouble may require outside help. The following local vendors offer fee-based support. Fees and charges vary. Be sure to get an estimate before committing to any service. The following is not a complete list of local vendors, nor are they recommended by MBC, they are listed for your convenience. Please check the local phone book for a complete list.

DDPP.O. Box 17, Churchville, VA 24421540-337-7777dave@ddpsystems.com Morse Computer Service (MCS)885-8695BEM@rica.net
John’s Computer Service2236 Shutterlee Mill Road Staunton, VA 24401john@johnscomputerservice.net Staunton Computer1411West Beverley St Staunton, VA 24401540-885-2361

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13.5 Campus Messaging & Telephony Systems

Use of College resources such as electronic mail (email), telephone,and voice mail is a privilege and must be treated as such. Misuse of these messaging systems can result in the loss of access to e mail and/or other resources.

13.5.1 Email Guidelines

Fraudulent, racist, harassing or obscene messages and/or materials are not to be sent, printed, requested or stored. Any use of email that would deprive others of resources is prohibited (such as, but not limited to, purposely congesting email systems with multiple messages).

Chain letters and other forms of mass mailings are not allowed.

Commercial use of email is not allowed. This includes using email as a classified ad service.

Any communication that violates Mary Baldwin College policies and/or local, state or federal laws and regulations is prohibited.

The content and maintenance of an electronic mailbox is the responsibility of the person to whom the email account is assigned.

The system administrator will delete email messages that have been left on the server, have been read and are older than the limit set by the email system administrator. (Currently this limit is 90 days.)

Check your email often and remove messages that are no longer needed. Messages needed beyond the time limits stated above should be downloaded to personal disks or printed for future reference.

Email messages are considered private unless they have been explicitly made available to others. Every attempt is made to assure the security of MBC’s email systems so that there is a reasonable expectation that mail cannot be read by unauthorized individuals.

However, this is not a guarantee of the privacy of messages. Be aware of the potential for forged email. If a person has acquired another individual’s password, that person can pretend to be the other individual and send forged email. (This would be a policy violation but it can happen if someone is careless with his or her password.) Also, email that originates from outside MBC may not be subject to strict security. If a message appears out of character for the sender, it may be a forgery and you should contact the sender by other means for verification.

Software for accessing email systems has been licensed by Mary Baldwin College for use on College owned computers only. Individuals who own their own computers are responsible for acquiring (purchasing) the appropriate software licenses and hardware if they wish to access email from their own computers. There is no guarantee of available software for individually owned computers.

13.5.2 Email Security

Email is not a secure medium. The messages are merely text files that can be read by almost any text editor. When you ask for your email from a mail server the files are downloaded to the computer you are working on. Even after you delete the file after reading it a copy usually remains on the computer you are using (usually in a special folder for deleted mail). To completely remove the mail files from the computer you must delete them from that folder as well.

Since email is such an open medium it is wise not to use email for any confidential information. There is a chance that your message will be delivered to the wrong mailbox. You may accidentally send the message to the wrong address. You may forget to remove the message from the computer you are working on. If the information you wish to relay is in any way sensitive or confidential use an alternative method of delivery.

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13.5.3 Retention of Email

Mary Baldwin has a Zero day retention of email. That is once the mail has been delivered to the User (POP3) a copy of the message is not stored on the mail server. Users can archive and keep email on their hard drives for as long as they need.

Email stored in User mailboxes on the server (IMAP) are only retained for a period of as a part of the normal backup cycle.

Overview of backup procedures:

OIT backs up files on its systems for the purpose of ensuring its ability to recover from computer or network failures or disturbances.

The OIT backup system is not designed or intended to be a means for members of the community to have access to long-term storage of files.

Backups of the user files on the systems are run on a weekly basis. The schedule usually runs during the weekend but may be run at any time if events warrant.

Each daily backup saves the contents of files and directories at the time the backup was performed. Therefore the backups do not record all activities or contents of users’ files throughout the day or week. A backup is simply a snapshot in time of the data present on the system at the time the backup ran. Therefore it is completely possible for a user to create and delete a file during the course of a day which will never appear on a backup. This is also true of email messages; a user may receive, read and delete an email message without the daily backup of the email storage ever recording that message (although there would normally be a record of who sent and received an email message — without the contents — in the system mail server logs).

Backups of user files are retained only for 30 days. Therefore OIT can retrieve daily backups for up to 30 consecutive days before the date of request. Users are urged to back up any critical information themselves for archival purposes or long-term storage off-line.

13.5.4 SMTP Policy (or running your own mail server)

Part 1

Connections originating outside the MBC network to the SMTP port (port 25) of hosts on the MBC network will be blocked. System administrators who need to operate independent mail systems should contact OIT to request an exception to Part 1.

Part 2

Connections originating on the MBC network to the SMTP port of hosts outside the MBC network will be blocked. All mail destined for hosts outside the MBC network must be directed through the MBC SMTP server, that is: mail.mbc.edu.

OIT will grant exceptions to Part 2 based solely on issues of Message size limit. The OIT-run SMTP service currently limits the size of a message to 6 MB. If College business cannot be conducted under this limit, mail system administrators should contact OIT to request exceptions.

Rationale

The implementation of this policy has several benefits:

Fewer problems with open mail relays. An open mail relay is a host which indiscriminately accepts and forwards email. They are often a result of poor configuration and maintenance by a mail server’s administrator. Malicious people on the Internet use various means to identify open relays. They then direct malicious, annoyance or advertisement email spam through the open relay to other people.

By using the relay, the spammer makes his actions more difficult for security personnel (including civic law enforcement) to track down. By blocking SMTP traffic as described in the policy, spammers’ ability to identify and exploit open relays on the Case network is severely curtailed.

Fewer email virus problems. Email is a common means for computer viruses and other malware to spread on a network.

Fewer instances of blacklisting. When other organizations on the Internet receive unwanted email from MBC, they sometimes choose to reject all mail from us, an action known as “blacklisting.” In addition, there are Internet blacklisting services to which organizations may subscribe, so that all subscribers will know to begin rejecting mail from a perceived offender. OIT cannot allow communications to be disrupted in this way.

Improved mail auditing. It is sometimes necessary to track down the source or ultimate disposition of an email message. This process requires OIT to review the cumulative delivery information the message contains. In messages sent by viruses, this information is often falsified. In addition, because a message may traverse multiple, varied mail systems in order to be delivered, the delivery information is incompletely reliable. By requiring all mail leaving the College to pass through the OIT-run mail system, we can guarantee a reliable and consistent point of audit, logging, troubleshooting, etc.

Improved mail system management. As a result of this policy, OIT will have an authoritative list of the mail servers operating on the MBC network. This knowledge makes vulnerability assessment, system administrator education, and remediation practical.

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13.5.6 Office Telephone Policy

General

The College telephone and fax systems must be kept open for College business and emergency use.

Acquisition Guidelines

College faculty and staff needing telephone service must complete the request form found on the Offices of Information Technology homepage under Telephones, Voicemail and Cable TV or submit an email request to OIT (help@mbc.edu). Requests should be authorized by the major Department VP and must include the MBC account code to which the service will be billed.

Billing

Monthly billing for telephone services will be processed centrally.OIT will review the detailed usage statements. Statements will be emailed to Department heads. Charges will be posted by the Business office. Any discrepancies should be communicated to OIT for follow up.

From time to time, Business and Finance and/or OIT may review individual usage to assure that the most appropriate rate plan is in use and to screen for possible abuse. This information will then be forwarded to the user’s department for administrative review.

Personal Calls

Personal calls from college telephones should be limited. Staff members are encouraged to bill personal calls to their personal telephones or credit cards.

If a personal long-distance call is made on the College’s account, it is the responsibility of the individual to identify the call when the telephone bill is circulated among the staff and to reimburse the College promptly by making payment to the Business Office.

Repairs and Moves, Adds & Changes

Contact OIT regarding requests for a change in service, telephone instruments, cords, repair, etc.

13.5.8 Cell Phone Policy

General

Mobile (cellular) telephones are an effective resource for Mary Baldwin College because they enable communication in areas or situations where conventional telephony is not available or is impractical. However, the cost incurred by mobile telephony must be weighed carefully against any benefits.

In general, mobile telephones (i.e., telephones connected to a commercial cellular telephone service (such as CellONE or Verizon) may be assigned to employees for whom the nature of their work requires wide mobility and simultaneous access to the public telephone network (i.e., senior staff, directors, deans, technicians).

Acquisition Guidelines

All mobile phone acquisitions will be coordinated by OIT through established purchasing procedures. Individuals and/or departments are not permitted to contract for cellular services on their own.

College faculty and staff needing mobile communications service must complete the request form found on the Office of Information Technology homepage under Telephones, Voicemail and Cable TV or submit an email request to OIT (help@mbc.edu). Requests should be authorized by the major Department VP and must include the MBC account code to which the service will be billed. The justification for mobile telephony should demonstrate a clear connection to the user’s job responsibilities.

Mobile telephones should not be issued to student workers, contract employees, part-time, temporary personnel, adjunct faculty, or others not having a compelling use for the technology, unless specifically requested by the department head. Security of these phones is the responsibility of the department.

All costs associated with mobile telephones will be borne by the department ordering the equipment. Such costs include, but are not limited to, the following: equipment acquisition; service initiation; monthly fees for mobile service; per-minute cost of calls in excess of the calling plan allocation; maintenance and repair of equipment; and replacement of lost or stolen equipment.

LOST PHONES and REPAIRS

If the mobile telephone is stolen or otherwise misplaced, the holder MUST contact OIT (540-887-7075) immediately for temporary suspension. If after hours, OIT must be notified on the next business day. User departments will be responsible for coordinating repair of mobile communications equipment with OIT.

Short-term rental of mobile telephones

A small supply of mobile telephones may be available for shortterm rental. Requests are filled on a first-come, first-serve basis. The department is charged a fee for use of the mobile telephone. In addition, all airtime usage charges for the appropriate days are the responsibility of the requesting department.

Billing

Monthly billing for cellular services will be processed centrally. OIT will review the detailed usage statements. Statements will be emailed to Department heads. Charges will be posted by the Business office. Any discrepancies should be communicated to OIT for follow up. From time to time, Business and Finance and/or OIT may review individual usage to assure that the most appropriate rate plan is in use and to screen for possible abuse. This information will then be forwarded to the user’s department for administrative review.

Personal Calls

Use of a College-owned mobile telephone and mobile telephone airtime service is intended for official College business. However, the College recognizes that personal calls are sometimes necessary.

Personal calls should be kept to an absolute minimum.

Usage-Rate airtime plans – If the mobile telephone is used for a personal call, the individual is responsible for the cost of that call. The telephone user should make note of personal calls and write a check to Mary Baldwin College after review of the monthly call detail. The personal check should be submitted to the Business Office for deposit to the account number billed for the cost of the call.

Flat rate airtime plans – If the mobile telephone has a flat rate airtime plan, the customer is responsible for reimbursing the College when personal calls cause the plan threshold to be exceeded. In this case, personal calls must be reimbursed up to the amount over threshold.

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13.5.10 Voice Mail Messaging System

Introduction

Voice mail service is provided to all members of the Staunton campus community. It is powerful and flexible tool to help us meet the communications needs of our college. To ensure our ability to effectively manage the system, this policy has been created to help users understand the capabilities and limitations of the voice mail system and establish guidelines for its proper use.

Definitions

Terms used in this document are explained below:

Broadcast voice mail message. A system-wide message heard by all voice mail users. It plays immediately after a user dials into the system and enters their password. Unlike other types of messages, it cannot be skipped, interrupted, or saved; the message must be heard in its entirety and deleted before a user can access their mailbox. A Broadcast message is provided from the server instead of being sent to a user’s mailbox. Because of this, it does not trigger messagewaiting indicator lights or stutter tones.

System distribution List message. Created and maintained by the System Administrator, it is similar to the personal-group list but can contain up to 300 mailbox numbers. System lists can be linked together into a master list to simplify mass message distribution. At present, there are two System Distribution Lists, one containing all faculty and staff voice mailbox numbers, and the other containing all student voicemail box numbers. Unlike a Broadcast message, System Distribution List messages are sent to individual boxes and thus trigger message-waiting lights and tones.

Personal Distribution List message. A message sent to a pre-defined group of voice mailboxes. This type of message is recorded once and copied by the system to all the mailboxes in the list. Faculty, staff, and selected student leaders can create their own personal group distribution lists through their voice mailbox. Up to five lists can be created, each with up to 25 mailbox numbers.

Extension and Destination Voice Mailboxes. There are several types of voice mailboxes available in our system. The box type assigned to most faculty and staff is known as an “extension” box, and is linked directly to the telephone number. The mailbox number for an extension box is the same as the telephone number. Most students are assigned a “destination” box, used when 2 or more people share the same telephone extension. Destination mail box numbers are not the same as the telephone number. When creating a distribution list that includes students, remember that it is the destination box number you will need for your list, not the telephone number.

Explanation of Use

Because of the limitations of student voice mail service, this section applies primarily to faculty and staff users.

The voice mail system is intended for official use in support of academic and administrative communications needs. Because it is possible to send information to all members of the college community using the Broadcast or System Distribution Lists voice mail message, this policy has been established. In doing so, these points were considered:

Unlike an email message or traditional flyer, those receiving voice mail messages cannot scan a subject line and delete or ignore those items that do not pertain to or interest them. They must be listened to, at least partially, to determine what they contain. Only then can they be skipped and deleted. In the case of a Broadcast Message, they cannot  be skipped at all and must be listened to in its entirety.

An email message to “allmbc” can be composed and sent by anyone from his or her computer without assistance or intervention by the email system administrator. Sending a Broadcast voice mail message, however, requires assistance by the System Administrator. For security reasons, however, we must restrict access to this part of our system to the Administrator. Voice mail messages are stored on the server’s hard drive, consuming space until listened to and deleted. Broadcast and System Distribution List messages are roughly equivalent to sending 1,000 messages. It would not take many such messages (combined with regular message traffic) to use up our capacity and cause system problems.

Because voice mail is by its nature more intrusive, it requires more time to deal with than other forms of available communication, such as e-mail and flyers.

Conditions of Use Guidelines

Use of the Broadcast Message is strictly limited to communicating information about events that are of significant impact to the entire college community. All requests for the use of Broadcast messaging must be directed to the Voice-Mail System Administrator. Exceptions to this policy require Executive Staff approval.

Examples of situations that warrant the use of a broadcast message include:

  • System Administration purposes, such as scheduling mass password changes
  • Notification of Voice Mail system shutdown for maintenance.

Access to System Distribution Lists will be made available to the Executive Staff and to offices they designate. Such messages should be of significant importance to the recipients on the list used.

Examples:

  • Notice of interruption of utility service affecting major portions of the campus.
  • Notice of campus-wide class cancellation or college closing.
  • Change in hours of the Dining Hall (i.e., closing early due to adverse weather)
  • Cancellation/change concerning a college-wide event (Founder’s Day, graduation, etc.)

Personal Distribution Lists are available to all faculty, staff, and selected student leaders. Responsibility for obtaining appropriate extension and destination box numbers and the creation of the lists themselves rests with the user. Instructions on creating and using lists is contained in the user’s phone directory.

Voice Mail Etiquette

Individual messages or those sent using personal-group distribution lists must conform to certain general rules:

  • Courtesy and professionalism is expected at all times.
  • Messages should pertain to official, college-related business.
  • Messages should be brief and to the point.

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13.6 Copyright Policy

The following policy statements and guidelines serve as a guide for anyone affiliated with the College who wishes to copy, alter, or perform works that are protected by copyright. All members of the Mary Baldwin College community must comply with the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.) and related amendments. Copyright law applies to all forms of copying occurring at commercial copying centers, MBC Support Services, departmental copy machines, or self-service machines in the library and other public places. The information contained in this document is not a substitute for legal advice. It attempts to address the issues most likely to concern students, faculty, and staff. If you have a question or need advice concerning the law, please consult with an attorney. Members of the College community who disregard the current copyright policy do so at their own risk and assume all liability.

13.6.1. What is Copyright?

Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. This protection applies to published and unpublished works, including those not registered with the U.S. Copyright Office. Copyrights usually last through the life of the author, plus seventy years. Section 106 of the Copyright Act (90 Stat 2541) generally gives the owner of copyright the exclusive right to do and to authorize others to:

  1. Reproduce copies of the work.
  2. Prepare derivative works based on the copyrighted work.
  3. Distribute copies of the work by sale, rental, lease, or lending.
  4. Publicly perform the work.
  5. Publicly display the work.

Works no longer need to be registered with the Copyright Office to be officially copyrighted.

 13.6.2  What is “Fair Use”?

The doctrine of fair use, introduced in Section 107 of the 1976 Copyright Act, attempts to address the balance between the needs of the public and the rights of an author. Fair use is expressed in the form of guidelines rather than explicit rules. To determine whether the use made of a work is an infringement of a copyright, the following factors should be considered:

  • The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. Note: Several courts have held that absence of financial gain is insufficient for a finding of fair use.
  • The nature of the copyrighted work, with special consideration given to the distinction between a creative work and an informational work. For example, photocopies made of a newspaper or magazine column are more likely to be considered a fair use than copies made of a musical score or a short story. Duplication of material originally developed for classroom use is less likely to be a fair use than is the duplication of materials prepared for public use. Someone who copies a workbook page or a textbook chapter is seen to be depriving the copyright owner of profits more directly than someone copying a page from a newspaper.
  • The amount, substantiality, or portion used in relation to the copyrighted work as a whole. Factors to be considered: the proportion of the larger work that is copied and used, and the significance of the copied portion.
  • The effect of the use on the potential market of the copyrighted work. If the reproduction of a copyrighted work reduces the potential market and sales for the copyright owner, the use is likely to be declared an unfair use.

The interpretation of Fair Use will continue to evolve as new digital technologies affect the creation, distribution, use, and preservation of information. Open source software and peer-to-peer networking (downloading and sharing digital music, movies, text, etc.) are but two examples of these new technology capabilities. Recent legislative and regulatory actions have focused on digital rights management, including expanding the ability of content providers to introduce access controls (e.g. encryption). For more information see the Copyright Resources listed at the end of this document.

13.6.3 Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA), enacted in 1998, updated copyright law to encompass the growing use of computers and the Internet. To address the concerns of fair use, Congress included specific language that appears to provide certain exemptions for fair use (particularly for nonprofit archives, libraries, and educational institutions).

Basics of the act include the following points:

  • Makes it a crime to circumvent anti-piracy measures built into most commercial software.
  • Outlaws the manufacture, sale, or distribution of code-cracking devices used to copy software illegally.
  • Permits the cracking of copyright protection devices, but only in order to conduct encryption research, assess product interoperability, and test computer security systems.
  • Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances. Note: There must be concrete evidence that someone seeking an exception has suffered harm because of the anti-circumvention provision — several academic organizations have called for a revision to permit “fair use” of copyrighted material for research and teaching.
  • Limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet. Service providers, however, are expected to remove material from users Web sites that appear to constitute copyright infringement.
  • Limits liability of nonprofit institutions of higher education (when they serve as on-line service providers and under certain circumstances) for copyright infringement by faculty members or students.
  • States explicitly that “[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use….”

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

Carol Creager, College Librarian
Grafton Library, Mary College, Staunton, VA 24401
or email copyright@mbc.edu

A summary of the DMCA is available at: http://www.copyright.gov/legislation/dmca.pdf

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13.6.4  What materials may be used without first obtaining the copyright owner’s permission and/or paying a royalty

  • Scholarly publications such as journal articles that include published permission allowing for copying for educational purposes.
  •  Publications dated 1922 or earlier.
  •  Works that do not include a copyright notice and were first published before January 1,1978.
  •  Most United States government documents.
  •  Single Copies (of a chapter of a book, newspaper article, journal article, short story, short essay, short poem, chart, diagram, drawing, or performable unit) for Scholarly Needs or Library Reserve: Each copy must also include a prominent notice that it is copyrighted material.

Multiple Copies (of the above items) for Classroom Use must meet the following tests of brevity, spontaneity, and cumulative effect:

Brevity:

Prose Either (1) a complete article, story or essay of less than 2,500 words, or (2) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event an excerpt of up to 500 words.
Poetry Either (1) A complete poem if less than 250 words and if printed on not more than two pages, or (2) an excerpt of not more than 250 words.
Illustrations One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue.
Special Works Certain works in poetry or prose or in “poetic prose”, which may combine language with illustrations and which fall short of 2,500 words, may not be reproduced in their entirety. However, an excerpt comprising not more than two of the published pages of such a work, and containing not more than 10% of the words found in the text, may be reproduced.

Spontaneity:

  •  The copying is at the instance and inspiration of the individual instructor.
  • The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect:

  •  The copying of the material is for only one course, with no more than one copy per student in the course.
  • Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during a term.
  • There should not be more than nine instances of such multiple copying for one course during a term.

  Copying Never Permitted:

It is never permissible to make copies of consumable materials such as workbooks, tests, and answer sheets.

13.6.5  How does Copyright Law affect Distance Education?

The “Technology, Education and Copyright Harmonization Act” (TEACH Act), became law in November of 2002. It redefined the terms and conditions under which accredited, nonprofit educational institutions may use copyright protected materials in distance education. The TEACH Act expands the scope of materials that may be used; the ability to deliver content to students outside the classroom; and the opportunity to retain archival copies of course materials on servers. The revised Sections 110(1)-(2), define the legal parameters for the performance and display of copyrighted materials in educational settings.

Section 110(1) permits teachers and students in a nonprofit educational institution to perform or display any copyrighted work in the course of teaching activities. Faculty and students may act out a play, read aloud a poem, display a cartoon or a slide, or play a videotape so long as the materials were lawfully obtained and are used for instructional purposes.

Section 110(2) as revised, permits the performance and storage of a nondramatic literary or musical work or display of any work as a part of a transmission for distance learning purposes if

1) The transmission is provided “solely for students officially enrolled in the course for which the transmission is made”.

2) The institution employs technical measures to prevent:

a) “the retention of the work in accessible form by recipients of the transmission for longer than the class session”

The TEACH Act does not allow for anyone to maintain copyrighted content

on the system or network for a longer period than is reasonably necessary to facilitate the transmissions for which it was made.

Short-term access to materials included on electronic reserve systems in previous academic terms may be provided to students who have not completed the course.

b) the recipients of the content from engaging in “unauthorized further dissemination of the work in accessible form.”

The bottom line: material that is not technologically protected must not be made available digitally.

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 Common Questions:

Is content on the Internet copyrighted?

Yes, everything on the Internet (including everything on the World Wide Web) is copyrighted. It is common to assume that everything on the Web is in the public domain. While it is true that documents on the Web (and in other digital formats) are easier to reproduce and distribute than other media, the ease of reproduction and distribution does not change the copyright. Digital content is still copyrighted, and copying or reproducing it without permission may be illegal. Some organizations grant permission to reproduce and distribute copies of their work (on a website) for nonprofit educational or library purposes, provided that copies are distributed at or below cost, and that the author, source, and copyright notice are included on each copy.

Is linking to something on the Web a copyright violation?

When you create a hyperlink from one web page to another, you have not made a copy of the original work, so this is not a copyright violation. Generally, you are also not expected to request permission to link to a web page, though it is often considered courteous to do so.

May an instructor scan and upload a full or lengthy work and store it on a website for students to access throughout the semester-even for private study in connection with a formal course ?

No, the law permits students to access each “session” within a prescribed time period. Students will also not be able to store the materials or review them later in the academic term. Under the Teach Act, faculty are able to include copyrighted materials, but usually only in portions or under conditions similar to standard teaching and lecture formats. The TEACH Act prohibits institutions from storing or maintaining material on a network where it may be accessed by anyone other than the “anticipated recipients” (i.e. students enrolled in a course).

Do course materials delivered through Blackboard software meet copyright guidelines?

Yes, if an instructor places copyrighted material in a section of a Blackboard course site that is secure. The distribution of these materials will be limited to students enrolled in the course and there will also be technological limitations on access to the materials – i.e. students must enter their network password and ID. Please note: the law permits the performance of an entire copyrighted work or a large portion thereof to be transmitted only once for a distance learning course. For subsequent performances, displays or access, permission must be obtained.

May online course materials that accompany a textbook be added to a course website?

Yes, if an instructor places the material in a secure site (using FrontPage, Blackboard, etc.), or if the publisher grants unsecured access. The TEACH Act prohibits institutions from storing or maintaining material on a network where it may be accessed by anyone other than the “anticipated recipients” (i.e. students enrolled in a course).

 13.6.6 What Guidelines apply to placing materials on Reserve in the library?

The Library Reserve service should be used to supplement required course materials; faculty should refrain from using reserve readings as the only assigned materials for a course. Readings cannot remain on Reserve for more than one semester without copyright permission. Electronic Reserve materials must be placed in secure site, limiting distribution to students enrolled in a course. There must also be technological limitations on access to the materials – i.e. students must first login. Short-term access to materials included on electronic reserve systems in previous academic terms may be provided to students who have not completed the course. Material may be retained in electronic form while permission is being sought or until the next academic term in which the material might be used. Articles that are used for a class year after year become part of course work and require permission each term/semester. All copies on Reserve must be marked: NOTICE: This material may be protected by copyright law (Title 17 U.S. Code)

Books

You may place an entire (print format) book on reserve. Complete works, which are in print, will not be added to electronic course reserves. Complete works, which are out-of-print, may be added to electronic course reserves with appropriate copyright clearance. Copyright does not end when a book is out of print. A photocopy or one electronic copy of a complete chapter, poem, story or essay from a collected work, if it does not constitute a substantial portion of the total work, may be placed on reserve.

CDs

You may place the original item, but no copies, on Reserve.

Journal & Newspaper Articles

You may place a photocopy of one article, poem, story or essay from a single issue per journal title on Reserve. Single photocopies or one electronic copy of an article may be placed on Reserve. These photocopies are considered to be the instructor’s property. A faculty member may provide duplicate photocopies (one photocopy per 10 students) when a course is large enough to require more than one of an assigned photocopy. If the original journal is not owned by the Library or the instructor, the instructor must provide written permission or indication of royalty payment for photocopies in excess of one.

Music

You may place a single copy of an entire performable unit (section, movement, aria, etc.) if the unit is out of print or available only in a larger work.

Videotapes and Off-air recordings

You may place the original item, but no copies, on Reserve. You may place off-air recordings on Reserve if 1) you have permission from the copyright holder or 2) the program, when broadcast, could be picked up by a non-cable television set at the time of recording. Programs from cable sources, such as HBO, A&E, etc., are not considered “off-air” and must be licensed. The period of Reserve may not exceed 10 “school days” past the recording date.

Software

Check with the Office of Information Technology Office to verify license rights before requesting to place software on Reserve.

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13.6.7  What Guidelines Apply to Coursepacks?

Every article or chapter in a coursepack/reader, if derived from copyrighted material, requires permission, either from the copyright owner (usually the publisher) or through a royalty fee paid to the Copyright Clearance Center. Permission must always be obtained prior to producing, selling, or distributing such material to students. You may normally include the following items in a coursepack:

  • A single chapter from each book used
  • An essay, poem, or story from a collected work
  • Single articles, essays, poems, or stories from a journal issue or newspaper
  • Single cartoons, charts, diagrams, drawings, graphs, or pictures from a book, newspaper, or journal issue

Each item in the packet also must include a notice of copyright — e.g., “Copyright 1999 by Academic Press”. Students who purchase course packets should not be charged in excess of cost of reproduction.

13.6.8  What Guidelines apply to the use of Films and Video Recordings?

Ownership of a film or video does not confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances in which a film or video may be “performed”. For example, videocassettes from a video rental outlet usually bear a label that specifies “Home Use Only”.

Classroom Use

Permissible Uses:

  •   shown as part of the instructional program
  •  shown by students, instructors, or guest lecturers
  •  shown only to students and educators
  •  shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included

Impermissible Use

  •   shown for entertainment or recreational purposes, without the copyright holder’s permission, whatever the work’s intellectual content

Use Outside of the Classroom

Video recordings that are owned by the College may ordinarily be viewed by small groups of students, faculty or staff. These videos may also be viewed at “home” (e.g. in a dorm room for on-campus students or personal residence for non-residential students). Viewings by larger audiences require explicit permission from the copyright owner for “public performance” rights. The Library’s online catalog includes notes “Educational Public Performance Rights secured” and/or “Staunton Campus Closed Circuit Rights secured” for videos with that status. No fees for viewing a video are permitted even when public performance rights are obtained.

Common Questions:

May I purchase or rent a film from the local video store and use it in my class?

Tapes from a video store are labeled “Home Use Only”, indicating a licensing agreement with the copyright holder. Nevertheless, use of such tapes is considered “fair use” in a face-to-face teaching situation. Tapes marked “Home Use Only” may also be placed on reserve if they are used strictly for instructional purposes and not entertainment.

Is it permissible to make a copy of a rental video in order to use it again, later?

No. That would infringe on the rights licensed to the rental agency.

May Francis Auditorium be used to show a video labeled “Home Use Only” to a class?

Yes, so long as the performance is not open to the public and is for an instructional purpose within the structure of the course. Use for entertainment is prohibited.

May a college-owned video be copied for Reserves?

Not unless permission for the copying has been obtained from the copyright owner.

May a club or other group show a video obtained from a local video store?

No. However, many film/video libraries and distributors offer the required “public performance rights” that are included in a higher rental fee.

What if a student rents a video from a video store and views it with a few friends in her dorm?

Since access to dormitories is limited to acquaintances of students, this would seem to be comparable to “home use”. Getting together to watch a video in the Nut House or the Ham and Jam Pub would not be allowed as these settings are open to the general public.

I don’t have time to preview a video, and it’s due to be returned to the vendor. Can someone copy it for me?

No; preview videos may not be copied. But in an emergency the Library can ask the vendor for an extended preview period.

May video materials sent to the College for preview be shown to a class?

No; this becomes a rental use and requires the higher rental fee to be paid.

May a videotape be made of a film that is out of print and/or deteriorating rapidly?

Although the film is out of print, permission of the copyright owner is nonetheless required. An exception is made for libraries to replace a work that is lost or damaged if another copy cannot be obtained at a fair price.

May copies of College-owned videotapes be sent to off-campus students?

Yes, as long as they are used for instructional purposes by currently enrolled students. The copy must be returned when the student completes the course.

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 13.6.9  What Guidelines apply to the Off-Air Recording of Broadcasts?

Licenses may be obtained for off-air recording. Absent a formal agreement, the following “Guidelines for Off-the-Air Recording of Broadcast Programming for Educational Purposes”, an official part of the Copyright Act’s legislative history, applies to most off-air recording [from Virginia M. Helms, supra]:

  • Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time the tapes must be erased.
  • Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.
  • Off-air recordings must be made only at the request of an individual instructor for instructional purposes, not by staff in anticipation of later requests.
  • The recordings are to be shown to students no more than two times during the 10-day period, and the second time only for necessary instructional reinforcement.
  • The taped recordings may be viewed after the 10-day period only by instructors for evaluation purposes, that is, to determine whether to include the broadcast program in the curriculum in the future.
  • If several instructors request videotaping of the same program, duplicate copies are permitted to meet the need; all copies are subject to the same restrictions as the original recording.
  • The off-air recordings may not be physically or electronically altered or combined with others to form anthologies, but they need not necessarily be used or shown in their entirety.
  • All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

These guidelines apply only to nonprofit educational institutions, which are expected to establish appropriate control procedures to maintain the integrity of the guidelines.

Certain public broadcasting services (e.g. Public Broadcasting Service) impose similar restrictions but limit use to only the seven-day period following local broadcast [Virginia M. Helms, supra].

13.6.10  What Guidelines apply to the copying of Sound Recordings?

Non-Music Recordings

Cassettes or disks may not be copied unless replacement recordings from a commercial source cannot be obtained at a fair price. Recording brief excerpts is considered fair use, however.

Music Recordings

A single copy may be made for the purpose of constructing aural exercises or examinations. Otherwise, the restrictions on copying non-music recordings apply.

Common Questions:

May an instructor provide students with copies of audio recordings assigned for a class ?

Yes, if you record your own “homemade” recordings.  If the materials you assign are from a commercial publisher, you are required to obtain permission in order to have copies made.

What guidelines apply to the recording of College performances?

Recording of College performances requires prior written permission of the performer/s.

13.6.11  What Guidelines apply to the copying of Computer Software?

Mary Baldwin College negotiates multiple licenses with vendors whenever possible for software products that used to support instructional and administrative activities. Software products that are not licensed to the College may also be used. However, copying is strictly limited except for backup purposes. Whether the software is transferred from the original to a hard disk or to an archival diskette, the backup copy is not to be used at all so long as the other copy is functional. It is not permissible to upload copyrighted software to Internet for downloading.

 Common Questions:

Is it permissible to use single-user licensed software on multiple computers for use at the same time?

No. If simultaneous use on multiple computers is necessary, consider the possibility of a site licensing arrangement with the vendor. Another possibility is that the vendor may offer a price break for multiple copies or “lab packs”. It is also not permissible to make copies of copyrighted software for individual student or faculty use unless the license specifically allows such a copy.

Is it permissible to make a copy of software licensed or owned by the College for personal use?

No; unless such use is explicitly allowed by the software vendor. Check with OIT if you have questions.

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13.6.12  What Guidelines Apply to the conversion of other Analog Materials to Digital Format?

The TEACH Act permits the conversion of such materials under the following circumstances:

1) the projected use of the materials to be converted complies with revised Section 110(2)

2) a digital version of the work is not “available to the institution” (i.e. the work is not already available in digital form). Analog recordings and images that are readily available in usable digital form for purchase or license at a fair price should not be digitized without permission.

Faculty and students may use recordings/images they personally digitize (for spontaneous use) only once. Retention and further use of such images by the individuals or by the educational institution requires permission. It is not permissible to scan copyrighted materials (published graphics and text) for educational/non-profit publication without crediting the copyright holder.

13.6.13  What Guidelines Apply to the creation of Educational Multimedia

The Guidelines specify the amount of copyright-protected sources that may be included in multimedia projects created by faculty and students for course-related work. Use of larger portions requires the permission of the copyright holder. The creator of a multimedia product may produce a total of three copies, one of which is for archival/backup purposes. If the project is a joint project, each creator may retain a copy. Fair Use expires two years after the first use of the product.

Motion Media Up to 10% or 3 minutes of a source, whichever is less.
Text Up to 10% or 1000 words, whichever is less. An entire poem of less than 250 words, but no more than 3 poems or excerpts by one poet. No more than 5 poems or excerpts from an anthology.
Music, Music Video Up to 10% but not more than 30 seconds from an individual work.
Graphic Materials No more than 3 images by one artist or photographer. No more than 10% or 15 images, whichever is less, from a single published work
Numerical Data Sets Up to 10% or 2500 fields or cell entries, whichever is less.

 

13.6.14  What Guidelines apply to the downloading and sharing of Audio, Video, Software, and other files

Although file sharing programs are not illegal, they can be used for the illegal downloading and distribution of audio, video, software and other files. Downloading or distributing copyrighted material without permission of the copyright holder is a violation of federal and state law, even if it is not for profit. The College does not censor internet traffic unless it is an appropriate response to an official complaint or in the case of illegal activity. Our refusal to censor network use in no way condones violations of copyright or intellectual property laws.

Universities and colleges have begun to receive notices from organizations such as the Motion Picture Association of America, apparently acting as agents for music, movie, gaming software and other media companies, alleging copyright violations by users of the institution’s network. Under the DMCA, once notified, the College is expected to remove material from users Web sites that appears to constitute copyright infringement. The penalties for infringement can be significant, including imprisonment and fines. Even unintentional infringement violates the law.

Network users should be aware that file-sharing programs automatically distribute files and turn on sharing when installed. Mary Baldwin does not endorse the use of any of these applications. Many of these programs also download and install other, often invisible programs that reveal information about individual users, their computers, and their networking activities to third parties. Downloading files from unknown sources greatly increases the risk of receiving a file infected with a virus or worm. Members of the MBC community who use such programs should ensure that they are not violating copyright by default, e.g., by sharing music or other media files or software they have loaded on their computer. For detailed instructions on how to disable file sharing, please see http://nsit.uchicago.edu/services/safecomputing/disableptp/

13.6.15   How do I obtain permission for copying that does not meet the Fair Use Guidelines?

Faculty and students should obtain written permission from the copyright owner (author, publisher, etc.) to use a large portion of a work or an entire work (in print or digital format), or to produce multiple copies of book chapters or journal articles (for class handouts, coursepacks, library reserves, websites, publishing, or other uses). Faculty may pass on to students any fees for copies which the copyright owner may assess. To obtain permission for photocopies:

  •  consult  The Copyright Clearance Center which has the right to grant permission and collect fees for photocopying rights for certain publications.
  •  or write directly to the publisher for permission – For a sample form letter see: http://www.utsystem.edu/ogc/intellectualproperty/permmm.htm

13.6.16  How do I obtain permission to show/broadcast video materials that currently do not have public performance rights?

The College uses Swank Motion Pictures, Inc. (http://www.swank.com) to secure public performance rights for feature films. Contact the Library for information. The Motion Picture Licensing Corporation (MPLC) also represents over 60 producers and distributors, including such studios as Walt Disney Pictures, Warner Bros., Scholastic Entertainment, McGraw-Hill, Sony Pictures Classics, Tommy Nelson, and World Almanac, and provides an Umbrella LicenseSM. Contact MPLC directly with any questions (including license fee quote requests) at phone number 800-462-8855, or via e-mail to info@mplc.com. See the web site of the MPLC (http://www.mplc.com/), for a list of Frequently Asked Questions (FAQ) as well as an explanation of the Motion Picture Licensing Corporation (MPLC) Umbrella LicenseSM.

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13.6.17   Who assumes liability for copyright infringements?

With the passage of the DMCA, the law limits the liability of nonprofit institutions of higher education (when they serve as on-line service providers and under certain circumstances) for copyright infringement by faculty members or students. For example, the College is protected from legal liability when network users share unauthorized material — if it takes action when notified of a copyright breach. The College is legally required to take action to cause the infringing activity to cease. Actions may include invalidation of an e-mail account, disconnecting a network port, and a report to the appropriate dean or manager for disciplinary action. In the case of repeat infringers, the College is required under the law to take away the infringer’s computer account and terminate all access to our network. In addition to any College action, the copyright owner may also take further legal action against the individual concerned.

Section 108(f) of the law exempts library liability for the Unsupervised use of “reproducing equipment located on its premises” provided that the equipment displays a notice that the making of a copy may be subject to the copyright law. This exemption would seem to underscore the importance of public posting of copyright notices in appropriate campus locations. Sample language for the notice:

NOTICE: THE COPYRIGHT LAW OF THE UNITED STATES (TITLE 17 U.S. CODE) GOVERNS THE MAKING OF PHOTOCOPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. THE PERSON USING THIS EQUIPMENT IS LIABLE FOR ANY INFRINGEMENT.

 Supervised use: Faculty, staff, and students should verify that all copying complies with copyright law before requesting that copies be made by Support Services and other employees of the College.

As stated previously, the Digital Millennium Copyright Act currently exempts online service providers from copyright infringement liability for simply transmitting information over the Internet. Because the College offers Internet access to the faculty, staff, and students, it is considered an online “service provider” with regard to copyright law. At present, the College provides connections for digital online communications for authorized users, of material of the user’s choosing, without modifying the content sent or received. However, this exemption is being tested in the courts and may be revoked or modified in the future.

13.6.18  Additional Sources of Copyright Information:

 http://lcweb.loc.gov/copyright/ U.S. Copyright Office

 http://librarycopyright.net/fairuse Fair Use Evaluator Tool

 http://librarycopyright.net/etool Exceptions for Instructors eTool

 http://www.library.yale.edu:80/~okerson/copyproj.html Yale University Copyright Site

 http://www.ala.org/washoff/teach.html Legal analysis of the Teach Act and its impact on distance education activities.

 http://www.arl.org/pp/ppcopyright/copystatutes/dmca.shtml Legal analysis of the DIGITAL MILLENNIUM COPYRIGHT ACT.

 http://www.umuc.edu/odell/cip/cip.html Center for Intellectual Property and Copyright in the Digital Environment.

 http://www.provost.ncsu.edu/copyright/toolkit/ The Teach Act toolkit – resource for understanding copyright and distance education.

Copyright Law for Librarians and Educators / Kenneth Crews. 2006. E-Book.

Portions of the text in these guidelines have been adapted from policies and guidelines published by The University of Texas System, Wellesley College, Texas Tech University, The American Library Association, Boston College, Dartmouth College, and Roanoke College.

Updated July 2009.

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13.8 Accountability for Data Resources

Computer Systems. Mary Baldwin College, represented by its President and Board of Trustees, is the sole owner of its institutional information. Certain managers and/or department heads are designated custodians or caretakers of specific portions of this information. These people have sole and primary responsibility for the acquisition, maintenance, integrity, accuracy, and security of data within their jurisdiction, but not proprietary rights to it. In a shared database environment, like the one at Mary Baldwin College, they are accountable to all other campus offices that may require the use of this information. No one is permitted to use, transmit in any form, sell, or otherwise disclose any information contained in Mary Baldwin College’s computer systems, micro or mainframe, without advance written authorization of the responsible department head.

The major objectives of physical security are to prevent unauthorized use of equipment, software, and information; and to prevent the theft or damage of equipment, software, and information. The primary user, to whom the equipment is assigned, has the responsibility of ensuring that physical security measures are maintained. Keeping the systems in rooms that have controlled access that can be locked can prevent the unauthorized use of microcomputer systems and preferably security patrolled during non business hours.

The use of System Power on Passwords is strongly encouraged.  Contact the Office of Information Technology for help in setting up a POP.

Backup diskettes should be locked up in a desk, filing cabinet, or similar lockable apparatus when not in use. This is the best way to secure sensitive or critical information. Copies of sensitive data can be brought to the Office of Information Technology for secure off-site storage.

Minimizing environmental hazards is accomplished through the use of surge protectors and humidifiers.

Microcomputers processing sensitive data should never be left unattended. This includes recalculating spreadsheets, printing reports, writing letters with confidential information or processing a database. This prevents the unauthorized individual from stopping the application processing, reading or changing the information and restarting the application
without detection.

Saves should be performed frequently to minimize data loss, and always before leaving the microcomputer for any reason. Backups of sensitive or hard to replace data should be performed regularly by the user. If the information changes frequently, it should be backed up daily; otherwise a weekly backup will suffice.

the Office of Information Technology has the responsibility of backing up pertinent information stored on the Domain Controller servers, the Administrative server, the Library server, the Academic servers, and the Web server. A full system backup is performed weekly for these servers and a copy is stored off-site.

13.9 Software Licensing Policy

Mary Baldwin College is committed to abiding by Federal Copyright Law governing computer software. According to the U.S. Copyright law, illegal reproduction of software can be subject to civil damages of as much as $100,000 and criminal penalties including fines and imprisonment. Mary Baldwin College employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such circumstances may include termination. Mary Baldwin College does not condone the illegal duplication of software.

Mary Baldwin College licenses the use of computer software from a variety of outside companies. Mary Baldwin College does not own this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it. Any duplication of licensed software, except for backup purposes, is a violation of the Federal Copyright Law. The software that is loaded on College owned computers might not be duplicated for use on any other
personal computer. Many products are serial numbered and no two personal computers may have software with the same serial number.

If a department has ten computers with a word processing program installed on each machine, then that department should also have either ten separate site licenses for the software or ten sets of original diskettes and documentation for that program.

Any employee giving software to any outside third party, including students shall also be disciplined as appropriate under the circumstances. Such discipline may include termination. If you need to use company software at home, you must first consult with Mary Baldwin College Computer and Information Services before removing the software from the premises to be sure that the license for that piece of software permits home use.

Software Licensing Filing for Department Purchased Software.
All software should be purchased through the Office of Information Technology even if the funding source is the department itself. In all purchases, a copy of the software license agreement must be filed with OIT so that it will be available in the event that a publisher’s audit of the licensing occurs.

Software Audit Policy.

Annually, OIT will inventory the software on only those College owned computers where the appropriate user
has given current written permission. The appropriate user would be the College employee designated as the primary user of a given computer as listed on the computer database or the employee designated as being responsible for the security and maintenance of a given computer as listed on the computer database.

In those instances where written permission to inventory is denied, the appropriate person will provide an inventory of the College software in his/her possession and affirm in writing the accuracy of the inventory. OIT will develop and provide a software audit tally form for this purpose.  In order to bring the College into compliance, unlicensed
software that is discovered in the inventory process will either be removed/reclaimed or purchased with the appropriate budget account being charged. The appropriate account would be the account associated with the employee using the unlicensed software.

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