4118.5 Employee Use of District Computer Systems

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Colchester Public Schools
Non-substantive (Number change)
Series 4118.5
Series 4000
Personnel

POLICY REGARDING EMPLOYEE USE OF
THE DISTRICT’S COMPUTER SYSTEMS AND ELECTRONIC COMMUNICATIONS

Computers, computer networks, electronic devices, Internet access, and e-mail are
effective and important technological resources. The Colchester Board of Education
(the “Board”) has installed computers and a computer network, including Internet
access and an e-mail system, on Board premises and may provide other electronic
devices that can access the network such as wireless and/or portable electronic hand-
held equipment that can be used for word processing, wireless Internet access, image
capture and recording, sound recording, information transmitting and/or receiving,
storing, etc. (including, but not limited to, personal laptops, Smartphones, network
access devices, Kindles, Nooks, cellular telephones, radios, personal cassette players, CD
players, iPads or other tablet computers, walkie-talkies, Blackberries, personal data
assistants, iPhones, Androids and other electronic signaling devices). The Board’s
computers, computer networks, electronic devices, Internet access, and e-mail are
referred to collectively as “the computer systems” and are provided in order to enhance
both the educational opportunities for our students and the business operations of the
district.

These computer systems are business and educational tools. As such, they are made
available to Board employees for business and education-related uses. The
Administration shall develop regulations setting forth procedures to be used by the
Administration in an effort to ensure that such computer systems are used for
appropriate business and education-related purposes.

In accordance with applicable laws and the Administrative Regulations associated with
this Policy, the system administrator and others managing the computer systems may
access email or monitor activity on the computer system or electronic devices accessing
the computer systems at any time and for any reason or no reason. Typical examples
include when there is reason to suspect inappropriate conduct or there is a problem
with the computer systems needing correction. Further, the system administrator and
others managing the computer systems can access or monitor activity on the systems
despite the use of passwords by individual users, and can bypass such passwords. In
addition, review of emails, messages or information stored on the computer systems,
which can be forensically retrieved, includes those messages and/or electronic data

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sent, posted and/or retrieved using social networking sites, including but not limited to,
Twitter, Facebook, LinkedIn and YouTube.

Incidental personal use of the computer systems may be permitted solely for the
purpose of e-mail transmissions and access to the Internet on a limited, occasional
basis. Such incidental personal use of the computer systems, however, is subject to all
rules, including monitoring of all such use, as the Superintendent may establish through
regulation. Moreover, any such incidental personal use shall not interfere in any
manner with work responsibilities.

Users should not have any expectation of personal privacy in the use of the computer
system or other electronic devices that access the computer system. Use of the
computer system represents an employee’s acknowledgement that the employee has
read and understands this policy and any applicable regulations in their entirety,
including the provisions regarding monitoring and review of computer activity.

Legal References:

Conn. Gen. Stat. § 31-40x
Conn. Gen. Stat. § 31-48d
Conn. Gen. Stat. §§ 53a-182b; 53a-183; 53a-250

Electronic Communication Privacy Act, 18 U.S.C. §§ 2510 through 2520

ADOPTED: April 10, 2007
REVISED: June 10, 2014
REVISED: December 8, 2015
REVISED: February 8, 2022

S&G 9/16/20

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Series 4000
Personnel

ADMINISTRATIVE REGULATIONS REGARDING EMPLOYEE USE OF
THE DISTRICT’S COMPUTER SYSTEMS AND ELECTRONIC COMMUNICATIONS

Introduction

Computers, computer networks, electronic devices, Internet access, and
electronic mail are effective and important technological resources. The Board of
Education has installed computers and a computer network, including Internet access
and an e-mail system, on Board premises and may provide electronic devices that can
access the system, such as personal laptops, Smartphones, I-Pads or other tablet
computers, I-Phones, Androids or other mobile or handheld electronic devices, to
enhance the educational and business operations of the district. In these regulations,
the computers, computer network, electronic devices, Internet access and e-mail
system are referred to collectively as "the computer systems."

These computer systems are business and educational tools. As such, they are
being made available to employees of the district for district-related educational and
business purposes. All users of the computer systems must restrict themselves to
appropriate district-related educational and business purposes. Incidental personal use
of the computer systems may be permitted solely for the purpose of e-mail
transmissions and similar communications, including access to the Internet on a limited,
occasional basis. Such incidental personal use of the computer systems is subject to all
rules, including monitoring of all such use, set out in these regulations. Moreover, any
such incidental personal use shall not interfere in any manner with work responsibilities.

These computer systems are expensive to install, own and maintain.
Unfortunately, these computer systems can be misused in a variety of ways, some of
which are innocent and others deliberate. Therefore, in order to maximize the benefits
of these technologies to the district, our employees and all our students, this regulation
shall govern all use of these computer systems.

Monitoring

It is important for all users of these computer systems to understand that the
Board of Education, as the owner of the computer systems, reserves the right to

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monitor the use of the computer systems to ensure that they are being used in
accordance with these regulations. The Board of Education intends to monitor in a
limited fashion, but will do so as needed to ensure that the systems are being used
appropriately for district-related educational and business purposes and to maximize
utilization of the systems for such business and educational purposes. The
Superintendent reserves the right to eliminate personal use of the district’s computer
systems by any or all employees at any time.

The system administrator and others managing the computer systems may
access email or monitor activity on the computer system or electronic devices accessing
the computer systems at any time and for any reason or no reason. Typical examples
include when there is reason to suspect inappropriate conduct or there is a problem
with the computer systems needing correction. Further, the system administrator and
others managing the computer systems can access or monitor activity on the systems
despite the use of passwords by individual users, and can bypass such passwords. In
addition, review of emails, messages or information stored on the computer systems,
which can be forensically retrieved, includes those messages and/or electronic data
sent, posted and/or retrieved using social networking sites, including, but not limited to,
Twitter, Facebook, LinkedIn and YouTube.

Notwithstanding the above and in accordance with state law, the Board may not:
(1) request or require that an employee provide the Board with a user name and
password, password or any other authentication means for accessing a personal online
account; (2) request or require that an employee authenticate or access a personal
online account in the presence of a Board representative; or (3) require that an
employee invite a supervisor employed by the Board or accept an invitation from a
supervisor employed by the Board to join a group affiliated with any personal online
account of the employee. However, the Board may request or require that an employee
provide the Board with a user name and password, password or any other
authentication means for accessing (1) any account or service provided by Board or by
virtue of the employee’s employment relationship with the Board or that the employee
uses for the Board’s business purposes, or (2) any electronic communications device
supplied or paid for, in whole or in part, by the Board.

In accordance with applicable law, the Board maintains the right to require an
employee to allow the Board to access his or her personal online account, without
disclosing the user name and password, password or other authentication means for
accessing such personal online account, for the purpose of:

(A) Conducting an investigation for the purpose of ensuring compliance with
applicable state or federal laws, regulatory requirements or prohibitions against
work-related employee misconduct based on the receipt of specific information
about activity on an employee’s personal online account; or

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(B) Conducting an investigation based on the receipt of specific information about
an employee’s unauthorized transfer of the Board’s proprietary information,
confidential information or financial data to or from a personal online account
operated by an employee or other source.

For purposes of these Administrative Regulations, “personal online account” means any
online account that is used by an employee exclusively for personal purposes and
unrelated to any business purpose of the Board, including, but not limited to, electronic
mail, social media and retail-based Internet web sites. “Personal online account” does
not include any account created, maintained, used or accessed by an employee for a
business purpose of the Board.

Why Monitor?

The computer systems are expensive for the Board to install, operate and
maintain. For that reason alone it is necessary to prevent misuse of the computer
systems. However, there are other equally important reasons why the Board intends to
monitor the use of these computer systems, reasons that support its efforts to maintain
a comfortable and pleasant work environment for all employees.

These computer systems can be used for improper, and even illegal, purposes.
Experience by other operators of such computer systems has shown that they can be
used for such wrongful purposes as sexual harassment, intimidation of co-workers,
threatening of co-workers, breaches of confidentiality, copyright infringement and the
like.

Monitoring will also allow the Board to continually reassess the utility of the
computer systems, and whenever appropriate, make such changes to the computer
systems as it deems fit. Thus, the Board monitoring should serve to increase the value
of the system to the district on an ongoing basis.

Privacy Issues

Employees must understand that the Board has reserved the right to conduct
monitoring of these computer systems and can do so despite the assignment to
individual employees of passwords for system security. Any password systems
implemented by the district are designed solely to provide system security from
unauthorized users, not to provide privacy to the individual system user.

The system’s security aspects, message delete function and personal passwords
can be bypassed for monitoring purposes.

Therefore, employees must be aware that they should not have any expectation
of personal privacy in the use of these computer systems. This provision applies to any

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and all uses of the district’s computer systems and electronic devices that access same,
including any incidental personal use permitted in accordance with these regulations.

Use of the computer system represents an employee’s acknowledgement that the
employee has read and understands these regulations and any applicable policy in their
entirety, including the provisions regarding monitoring and review of computer activity.

Prohibited Uses

Inappropriate use of district computer systems is expressly prohibited, including,
but not limited to, the following:

 Sending any form of solicitation not directly related to the business of the
Board of Education;

 Sending any form of slanderous, harassing, threatening, or intimidating
message, at any time, to any person (such communications may also be a
crime);

 Gaining or seeking to gain unauthorized access to computer systems;

 Downloading or modifying computer software of the district in violation
of the district’s licensure agreement(s) and/or without authorization from
supervisory personnel;

 Sending any message that breaches the Board of Education’s
confidentiality requirements, including the confidentiality rights of
students;

 Sending any copyrighted material over the system;

 Sending messages for any purpose prohibited by law;

 Transmission or receipt of inappropriate e-mail communications or
accessing inappropriate information on the Internet, including vulgar,
lewd or obscene words or pictures;

 Using computer systems for any purposes, or in any manner, other than
those permitted under these regulations;

 Using social networking sites such as Facebook, Twitter, LinkedIn and
YouTube in a manner that violates the Board’s Social Networking policy.

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[If the Board does not have a formal social networking policy, the last bullet may be
revised as follows:

 Using social networking sites such as Facebook, Twitter, LinkedIn and
YouTube in a manner that disrupts or undermines the effective
operation of the school district; is used to engage in harassing,
defamatory, obscene, abusive, discriminatory or threatening or
similarly inappropriate communications; creates a hostile work
environment; breaches confidentiality obligations of school district
employees; or violates the law, Board policies and/or the other school
rules and regulations.]

In addition, if a particular behavior or activity is generally prohibited by law
and/or Board of Education policy, use of these computer systems for the purpose of
carrying out such activity and/or behavior is also prohibited.

Electronic Communications

The Board expects that all employees will comply with all applicable Board
policies and standards of professional conduct when engaging in any form of electronic
communication, including texting, using the district’s computer system, or through the
use of any electronic device or mobile device owned, leased, or used by the Board. As
with any form of communication, the Board expects district personnel to exercise
caution and appropriate judgment when using electronic communications with
students, colleagues and other individuals in the context of fulfilling an employee’s job-
related responsibilities, including when engaging in remote teaching or use of a digital
teaching platform.

Disciplinary Action

Misuse of these computer systems will not be tolerated and will result in
disciplinary action up to and including termination of employment. Because no two
situations are identical, the Board reserves the right to determine the appropriate
discipline for any particular set of circumstances.

Complaints of Problems or Misuse

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Anyone who is aware of problems with or misuse of these computer systems, or
has a question regarding the appropriate use of the computer systems, should report
this to his or her supervisor or to _________________________.

Most importantly, the Board urges any employee who receives any harassing,
threatening, intimidating or other improper message through the computer systems to
report this immediately. It is the Board’s policy that no employee should be required to
tolerate such treatment, regardless of the identity of the sender of the message. Please
report these events!

Implementation

This regulation is effective as of __/__/__.

Legal References:

Conn. Gen. Stat. § 31-40x
Conn. Gen. Stat. § 31-48d
Conn. Gen. Stat. §§ 53a-182; 53a-183; 53a-250

Electronic Communication Privacy Act, 18 U.S.C. §§ 2510 through 2520

9/16/20

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[Note: Although we have included this sample notice in our model policy documents
for the convenience of our Board of Education clients, the notice does not need to be
approved as a Board policy].

NOTICE REGARDING ELECTRONIC MONITORING

[To be posted in a conspicuous place
readily available for viewing by employees]

In accordance with the provisions of Connecticut General Statutes Section 31-
48d, the Board of Education hereby gives notice to all its employees of the potential use
of electronic monitoring in its workplace. While the Board may not actually engage in
the use of electronic monitoring, it reserves the right to do so as the Board and/or the
Administration deem appropriate in their discretion, consistent with the provisions set
forth in this Notice.

“Electronic monitoring,” as defined by Connecticut General Statutes Section 31-
48d, means the collection of information on the Board’s premises concerning
employees’ activities or communications, by any means other than direct observation of
the employees. Electronic monitoring includes the use of a computer, telephone, wire,
radio, camera, electromagnetic, photoelectronic or photo-optical systems. The law does
not cover the collection of information (A) for security purposes in any common areas of
the Board’s premises which are open to the public, or (B) which is prohibited under
other state or federal law.

The following specific types of electronic monitoring may be used by the Board
in its workplaces: [modify as appropriate for the school district in question]

• Monitoring of e-mail and other components of the Board’s computer
systems, including monitoring of electronic devices such as PDAs,
Smartphones, and mobile or handheld devices that access the computer
systems, for compliance with the Board’s policies and regulations concerning
use of such systems.

• Video and/or audio surveillance within school buildings (other than in
restrooms, locker rooms, lounges and other areas designed for the health or
personal comfort of employees or for the safeguarding of their possessions),
on school grounds and on school buses and other vehicles providing
transportation to students and/or employees of the school system.

• Monitoring of employee usage of the school district’s telephone systems.

The law also provides that, where electronic monitoring may produce evidence
of misconduct, the Board may use electronic monitoring without any prior notice when
the Board has reasonable grounds to believe employees are engaged in conduct that (i)
violates the law, (ii) violates the legal rights of the Board or other employees, or (iii)
creates a hostile work environment.

Questions about electronic monitoring in the workplace should be directed to
the Superintendent.

Legal References:

Connecticut General Statutes:
Section 31-48b
Section 31-48d

9/16/20