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Use of University Information and University Resources

Policy Number: OGC-9

Effective Date: January 1, 2009

Revisions: None

Responsible Officer: General Counsel

I.  Purpose

The purpose of this Policy is to safeguard and regulate the use of University Information and University Resources. 

II.  Scope

This policy applies to all University activities and business.

III.  Applicable Members

This policy applies to all University faculty and employees.

IV. Policy 

All University activities and business must be conducted on University Resources.  All University Information must be stored on University Resources.   Any and all use of University Information and University Resources must comply with all local, state, and federal laws and regulations as well as University policies and procedures. 

At the University’s sole discretion and in accordance with this Policy and procedure, any and all University Information and University Resources are subject to access by designated University representatives, with the approval of the University’s General Counsel, for preservation, review, monitoring, and seizure, at any time without notice, in order to:

  • Ensure compliance with local, state, and federal laws and regulations as well as any University policy, and procedure;
  • Comply with any order by a court, agency, or other governmental entity;
  • Retain information and data;
  • Preserve  and produce Evidence in Litigation Discovery;
  • Maintain the integrity and security of University Information and University Resources;
  • Investigate a suspected violation of law or regulation, or of a suspected infraction of University policy; and/or
  • Respond to an emergency of any kind.

Because the primary use of University Information and University Resources is to further the University’s mission, goals and objectives, Applicable Members should not have an expectation of privacy in their use of such resources and information.   In the event University activities and business are conducted on non-University Resources, or University Information is stored on Non-University Resources, such non-University Resources are subject to this Policy. 

Any violation of this Policy and procedure or failure to timely cooperate in complying with its provisions by any Applicable Member may result in disciplinary action up to and including dismissal. 

V.  Definitions

Electronically Stored Information

Any and all information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software.   Electronically Stored Information resides in many places, including:

  • Office equipment – including personal computers, laptops, smart phones, PDAs, Blackberries®, and voicemail systems ;
  • networked photocopiers,
  • Portable Media – including jump drives, portable hard drives, CDs, DVDs, magnetic tapes, diskettes, memory cards;
  • Servers – including email servers, SPAM filter servers, Blackberry® servers, document management systems servers, instant messaging (IM) servers, file servers, print servers, firewall servers, HR database, servers, payroll database servers, and internal and external web servers;
  • Proprietary applications (software or other programs licensed exclusively to the University); and
  • Back-up tapes or other backup systems.

Evidence

Any and all objects or information in any medium which are related to matters that are involved in current, pending or potential litigation or other legal process.  Evidence may include but is not necessarily limited to any University Resources or University Information, letters, correspondence, business records, photographs, written notes, Electronically Stored Information, video, voicemail and equipment or property. 

Litigation Discovery

The phase of state or federal court litigation or investigation in which parties seek and provide information from each other to investigate the facts of the case and to develop claims and defenses in preparation for a legal trial or other legal process. Discovery can come in numerous forms, including requests for Evidence and other information in any medium (e.g. documents, records, data, Electronically Stored Information), interrogatories (a set or series of written questions answered in writing under oath), requests for admission (written statements to either admit or deny key facts), and depositions (oral testimony).

University

Drexel University including its Colleges, Schools, affiliates, divisions and subsidiaries except Philadelphia Health & Education Corporation d/b/a Drexel University College of Medicine

University Information

Any and all assets and information, wherever located and in whatever medium, whether digital, electronic, video, paper or in any other form, that is procured, received, obtained, derived, created, generated, managed or maintained in furtherance of any University activities and business.  This includes but is not necessarily limited to:

  • Information procured, received, obtained, derived, created, generated, managed or maintained for or on behalf of the University and all other information within the scope of the University’s Code of Conduct as well as its policies and procedures;
  • Any and all Intellectual property.

University Resources

Any and all physical, electronic, financial, tangible and intangible resources and assets, wherever located and in whatever medium, that is used, procured, received, obtained, derived, created, generated, managed or maintained in furtherance of any University activities and business.  This includes but is not necessarily limited to:

  • Information received, procured, obtained, derived, created, generated, managed or maintained by or on behalf of the University, wherever located and in whatever medium;
  • Computer and network resources and services, including but not limited to hardware, software, electronic communication systems and equipment, databases, or other electronic content;
  • Physical structures and space such as buildings, offices, classrooms, lab space, auditoriums and other University facilities and grounds;
  • Equipment, supplies, and vehicles;
  • Capital, cash and any asset that can be reduced to cash.