University of California Electronic Mail Policy
UCSD Email Procedures and Practices
10/30/1998
1.0 INTRODUCTION
The University of California Electronic Mail Policy ("UC Email Policy") was issued on March 23, 1998. It is posted on the web at:
Section IX of the UC Email Policy mandates that each campus develop, maintain, and publish specific procedures and practices that implement the UC Email Policy. In response to Section IX, the University of California, San Diego ("UCSD") has developed the following UCSD Email Procedures and Practices ("UCSD Email Policy"). In the case of any inadvertent conflict between the provisions of this UCSD Email Policy and the UC Email Policy, the latter controls.
2.0 DEFINITIONS
The following definitions are used at UCSD, in addition to those found in the UC Email Policy, Appendix A:
2.1. The "Appropriate Vice Chancellor" with respect to each Account Holder and the Email Holder , is as follows:
2.1.1. The Vice Chancellor, Student Affairs, if the Account Holder or Email Holder is a student organization or an undergraduate student acting in the capacity of a student.
2.1.2 The Senior Vice Chancellor, Academic Affairs, with respect to Account Holders and Email Holders not covered by Section 2.1.1.
2.2. The "Designated UCSD Official" is, in the case of an Account Holder or Email Holder who is a faculty member or graduate student, such individual’s Department Chair or his or her designee; in the case of staff, his or her supervisor; in the case of an undergraduate student, the Official is the student’s College Dean; and in the case where the Account Holder or Email Holder is not a student, faculty member or staff member at UCSD, the individual under Sections 3.1.2, 3.1.3, and 3.2.1 who authorized establishment of the Email Account.
2.3. "UCSD Email Services" is any Electronic Mail System which uses a hostname in the ".ucsd.edu" domain or an Internet Protocol address in the area designated for UCSD.
2.4. An "Email Record" or "Email" has the meaning contained in the UC Email Policy. The UC Email Policy and this UCSD Email Policy apply only to communications in electronic form and do not apply to printed copies of electronic mail.
2.5. An "Email System Manager" is the person or persons who supply management and oversight of UCSD Email Services .
2.6. An "Account Holder" is an individual who has been assigned a UCSD Email Account by an Email System Manager. When a UCSD Email Account has been assigned collectively to a group of individuals or an organization, one individual shall be designated as the Account Holder.
2.7. An "Email Account" is that collection of resources provided to an Account Holder through UCSD Email Services, including computer access and disk storage, which resources may be provided subject to express or implied terms and conditions of use, such as limits or quotas, or on a recharge basis.
2.8 An "Email Holder" is an email user who is in possession of a particular Email Record, regardless of whether that email user is the original creator or a recipient of the content of the record.
2.9. The "UC Email Policy" means the Policy referenced in section 1.0 hereof, as amended from time to time.
2.10. The "UCSD Email Policy" means this UCSD Email Procedures and Practices document developed per Section IX of the UC Email Policy.
2.11 The "University" means the University of California.
3.0 ALLOWABLE USERS
Consistent with other University and UCSD policies, including but not limited to UCSD PPM 510-1 on the Use of University Properties, UCSD Email Services may be used as follows:
3.1. Individual Users.
3.1.1.
3.1.2. Individuals who, being authorized to do so by an appropriate UCSD official, are participating in or actively contributing to a UCSD teaching, research or public service project or activity which is facilitated by the use of UCSD Email Services.
3.1.3. Individuals who, as members of a UCSD support group (Alumni Association, Retirement Association, Oceanids, Friends of the Library, etc.) are entitled under the rules of such support group to receive UCSD Email Services as a benefit of membership.
3.2. Organizational Users.
3.2.1. Registered student and campus organizations as defined in UCSD PPM 510.1.IV.H and I may use UCSD Email Services.
3.2.2. Outside organizations, including organizations that are employee organizations (unions) within the meaning of HEERA, are not permitted systematically to conduct business by means of UCSD Email Services
3.3. Agreement to Terms of Use.
Students, faculty, staff, and other authorized users of UCSD Email Services shall, by virtue of their use of such Services, agree to be bound by the UC Email Policy and this UCSD Email Policy. The UC Email Policy and this UCSD Email Policy will be posted on the Web and the URLs for these policies will be electronically communicated to each Email Account at least annually by each Email System Manager. However, any failure to so communicate will not affect the application of such policies to all users of UCSD Email Services as provided in the UC Email Policy.
4.0 SERVICE RESTRICTIONS
UCSD Email Services may be wholly or partially interrupted, suspended, terminated, or limited in accordance with the terms of the Email Account as follows:
4.1. Computer Maintenance. Interruptions in service may occur to some or all Email Accounts when, incident to system upgrades, repair or maintenance, or as a result of an unanticipated failure or disruption of utility or other essential services, the computer system or equipment to such Email Accounts is not operational.
4.2. Operating Procedures. Suspension , termination, or limitation of an Email Account may occur as provided in the express or implied operational terms of governing the use of such Email Account, e.g., exhaustion of a computing quota assigned to such account or the exhaustion of funds associated with a recharge service.
4.3. Temporary Suspension and Termination.
4.3.1. The appropriate Email System Manager or the Account Holder’s Designated UCSD Official may suspend UCSD Email Services to an Email Account, temporarily or permanently:
4.3.1.1. When required by and consistent with law, or
4.3.1.2. When there is reliable evidence indicating that a violation of law or of a University policy listed in Appendix C of the UC Email Policy probably has occurred, or
4.3.1.3. Where failure to act may result in significant bodily harm, significant property loss or damage, loss of significant evidence of violations of law or University policy as listed in Appendix C of the UC Email Policy, or significant liability to the University or to members of the University community, or
4.3.1.4. Where failure to act could seriously hamper the ability of the University to function administratively or to meet its teaching obligations, but excluding circumstances pertaining to personal or professional activities, or to faculty research or matters of shared governance, or
4.3.1.5. When a staff member’s employment duties at UCSD no longer require or permit the usage of an Email Account.
In any case where such suspension or termination has been initiated only by the Email System Manager, the action shall be subject to prompt secondary review by the Account Holder’s Designated UCSD Official, if the Account Holder so requests in writing addressed to such Official.
4.3.2. If a service restriction lasts more than ten (10) calendar days, then approval for its continuation must be sought from the appropriate Vice Chancellor by the Designated UCSD Official for that Account .
4.3.3. Temporary suspension or termination of UCSD Email Services may be imposed in connection with disciplinary proceedings against an Account Holder conducted pursuant to applicable UCSD procedures pertaining to faculty, staff, and students.
4.3.4. The use of UCSD Email Services by Account Holders other than UCSD faculty, staff and students may be terminated at any time, without advance notice, by the Email System Manager providing such service, subject to prompt secondary review by such Account Holder’s Designated UCSD Official, if the Account Holder so requests in writing addressed to such Official.
4.3.5. When an Account Holder ceases to be an allowable user under Section 3.0 of this UCSD Email Policy, the Account Holder’s Email Account shall be terminated and the Email System Manager will become the Email Holder with respect to Email Records in such Account. However, Email System Managers may establish procedures whereby an Email Account may be temporarily continued or the redirection of Email may temporarily occur, to facilitate an Account Holder’s transition to a new environment or to enable UCSD to operate effectively during a personnel transition. Any temporary continuation of an Email Account or temporary redirection of Email should ordinarily not exceed one year.
5.0 INSPECTION, MONITORING, OR DISCLOSURE OF EMAIL
5.1. Inspection, Monitoring or Disclosure of Email Records With Consent.
Except as provided in Section 5.2 of this UCSD Email Policy, the consent of an Email Holder shall be sought by the University prior to any inspection, monitoring, or disclosure of such Holder’s Email Records.
5.1.1. As provided in Section V.D of the UC Email Policy, University employees are expected to comply with University requests for copies of Email Records in their possession that pertain to the administrative business of the University, or whose disclosure is required to comply with applicable laws, regardless of whether such records reside on a computer housed or owned by the University. Failure to comply with such requests will lead to the conditions for access provided in Section 5.2.
5.1.2. The appropriate Email System Manager may inspect, monitor and disclose Email Records if advance written or oral consent is received from the Email Holder or if the Email Holder of the Email Records is physically present while such inspection, monitoring or disclosure occurs. Where there are two or more Email Holders, the consent of only one Email Holder is required.
5.2. Inspection, Monitoring or Disclosure of Email Records Without Consent.
Without the consent of an Email Holder of them, the inspection, monitoring or disclosure of Email Records is permissible ONLY after seeking the advice of University Counsel or UCSD Campus Counsel, AND ONLY under emergency circumstances described in Section 5.2.1 OR compliance with the procedures in Section 5.2.2., when:
(a) Required by and consistent with law, or
(b) There is reliable evidence indicating that a violation of law or of a University policy listed in Appendix C of the UC Email Policy probably has occurred, or
(c) The failure to act may result in significant bodily harm, significant property loss or damage, loss of significant evidence of violations of law or University policy as listed in Appendix C of the UC Email Policy, or significant liability to the University or to members of the University community, or
(d) The failure to act could seriously hamper the ability of the University to function administratively or to meet its teaching obligations, but excluding circumstances pertaining to personal or professional activities, or to faculty research or matters of shared governance.
The advice of University Counsel or UCSD Campus Counsel may initially be provided orally in order to permit inspection, monitoring, or disclosure of email records to occur. Such advice shall then be confirmed in writing, in a timely fashion, and, where a faculty member is the Email Holder, such written advice will be made available to the Chair of the San Diego Division of the Academic Senate (or his/her designee) and (at an appropriate time) to the faculty whose Email is inspected.
5.2.1. Inspection, monitoring or disclosure of Email Records without consent may occur under Section 5.2 in circumstances where time is of the essence and where there is a high probability that delaying action would almost certainly result in significant bodily harm, significant property loss or damage, loss of significant evidence of one or more violations of law or of University policy listed in Appendix C of the UC Email Policy, or significant liability to the University or to members of the University community. In such cases, the least perusal of contents and the least action necessary to resolve the emergency may be taken immediately without authorization, but appropriate authorization must then be sought under Section 5.2.2. If the action taken is not subsequently authorized, the Appropriate Vice Chancellor shall seek to have the situation restored as closely as possible to that which existed before action was taken.
5.2.2. Inspection, monitoring or disclosure of Email Records without consent may occur under Section 5.2 with the written approval of the Appropriate Vice Chancellor, provided that where a faculty member is the Email Holder, his or her Designated UCSD Official shall request the Senior Vice Chancellor, Academic Affairs, to seek the advice of the Chair of the San Diego Division of the Academic Senate (or his or her designee), in writing and in advance of such inspection, monitoring or disclosure.
5.3. Notification.
In the case of an inspection, monitoring or disclosure of Email Records under Sections 5.2.1 or 5.2.2, the Designated UCSD Official for the Email Holder of such Records shall, at the earliest possible opportunity that is lawful and consistent with other University policies notify the Email Holder of such inspection, monitoring or disclosure and the reasons for the action taken. Where consistent with law, the Senior Vice Chancellor, Academic Affairs, will publish an annual report summarizing instances, if any, of authorized or emergency non-consensual access pursuant to the provisions of Section 5.2.
5.4. Inadvertent Exposure of Email Messages due to Maintenance.
In accordance with Section VI.B.3 of the UC Email Policy, Account Holders are reminded that two categories of inadvertent or unavoidable inspection and disclosure of Email Records may occur:
5.4.1. On occasion, network and computer operations personnel and system administrators may, during the performance of their duties, inadvertently see the contents of Email Records in the possession of various Email Holders.
5.4.2. Email Systems Managers or systems personnel may need to inspect Email when re-routing or disposing of otherwise undeliverable Email. This is limited to the least invasive level of inspection required to perform such duties.
5.5. Backup.
As stated in the UC Email Policy, Account Holders are reminded that even after the deletion of Email Records, they may persist on backup facilities, and thus be subject to inspection and disclosure hereunder. Account Holders may request information concerning the back-up of their Email Account from their Email System Manager.
6.0 RECOURSE FOR ACTIONS TAKEN UNDER SECTIONS 4.3 AND 5.2
Any Account Holder or Email Holder seeking review and/or appeal of actions taken under Section 4.3 or 5.2, may initiate proceedings for review as follows:
6.1. For undergraduates and graduate students, under Section 23.14 of the "UCSD Policies & Procedures Applying to Student Activities."
6.2. For faculty members who are not members of the Academic Senate, under Section 140 of the "Academic Personnel Manual."
6.3. For faculty members who are members of the Academic Senate, under Bylaw 230 of the "Bylaws of the San Diego Division of the Academic Senate."
6.4. For employees covered by the Personnel Policies for Staff Members, Administrative and Professional Staff Program, and the Staff Personnel Policies, under Policy 70 Complaint Resolution (PPSM), Policy 190 Grievances (APS) and Policy 290 Administrative Review (SPP), as applicable.
6.5. For other Account Holders or Email Holders (including academic and staff employees covered by a Memorandum of Understanding), informally with their Designated UCSD Official.
7.0 DIRECTORY INFORMATION
Faculty, staff and student electronic mail addresses are considered "directory information" and will be published in various print and electronic directories. If an Account Holder does not wish that such information be published, such Account Holder must contact his or her Email System Manager and follow appropriate campus procedures to so request.
8.0 CROSS REFERENCES
The following list identifies sources referenced in or used as background for this UCSD Email Procedures and Practices document. Users of this document may also wish to consult the general list of University Policies and Guidelines contained in Section B of the UC Email Policy.
Policy and Procedure Manual: Section 160-2: Disclosure of Information from Student Records
Policy and Procedure Manual: Section 480-3: Records Management
Academic Personnel Manual: Section 140: Non-Senate Academic Appointees-Grievances
Bylaws of the San Diego Division of the Academic Senate: Bylaw 230: Privilege and Tenure
Personnel Policies for UC Staff Members Manual: Section 70: Complaint Resolution