Towson University E-mail Policy

The purpose of this policy is to set forth guidelines relating to the permissible use of the university's Electronic Mail System (e-mail); to delineate the university's right of access to e-mail; and, to establish rules relating to the retention and destruction of e-mail. This policy may be amended as required by law or other applicable Towson University or University System of Maryland regulations.

Permissible Uses of E-mail

The university provides its faculty, staff and currently-enrolled students with e-mail to perform university-related duties and responsibilities. E-Mail made or received using university facilities is presumed to be made and/or received in the course of university employment and is subject to rules, regulations and laws pertaining to university records, including the Maryland Public Information Act.

University Access to E-mail

Because university e-mail is university property, the university has a right of access to e-mail for university-related purposes, which may include, but are not limited to, the following:

1. To maintain system integrity, including but not limited to, tracking viruses and performing ordinary system repair, maintenance and enhancement.

2. To comply with legal requests and demands including, requests under the Maryland Public Information Act, subpoenas, discovery requests, legislative audits, and other requests for information to which the university is required to respond under law or pursuant to University System regulations.

3. To perform required internal investigations, including, but not limited to, investigations requested by the President, the university's attorneys, its auditors or its police.

4. To obtain information: (a) related to the defense of any action brought against the University or any of its faculty and staff; (b) related to any action brought on behalf of the University or any of its faculty and staff; or (c) related to any matter in which the University has an interest.

5. To obtain information for any other university-related purpose upon the written approval of the Presidents. The President may delegate this authority to the university's attorneys and/or its auditors.

Intellectual Property

Independent scholarly or artistic work in which a faculty or staff member has a property interest, as provided in University System of Maryland regulations, and which is communicated through e-mail, shall be the property of the faculty or staff member. In the event there is a dispute regarding this work, the university shall have the right, upon written notification to the faculty or staff member, to obtain access to the work for the purpose of determining whether the university has an interest. The President, however, must approve any such access in writing.

Retention and Disposal

Employee e-mail may be a public record subject to disclosure under the Maryland Public Information Act and, to the extent allowed by existing e-mail retention capability, e-mail may be subject to the record retention schedules established by Maryland law and regulations.

At this time, the university's Office of Technology Services retains backup files for two weeks before tapes are re-used. If employees wish to retain e-mail beyond these backup periods, they must transfer the information to disk. Such disks, and the information they contain, constitute university property. A disposal policy will be developed to conform with the policies and procedures set forth by the State's Archivist.

Misuse of E-mail

Misuse of e-mail may subject the user to administrative or disciplinary actions or to any other action allowed by law or regulation.

Separation from Employment

Upon separation from employment, the employee's e-mail account shall be terminated and the university shall have the right to any e-mail made or received by the employee using university e-mail facilities or which is otherwise made or received in the course of employment.

Approved by President's Staff: February 9, 1996

Amendment to University E-mail Policy

The President's Staff approved the following amendment to the University's E-mail Policy ("Amendment") on March 6, 2002. This Amendment shall take effect on April 1, 2002. In all other respects the E-mail Policy shall remain in full force and effect.

Purpose of Amendment

To protect individual privacy, to preserve confidentiality and to minimize the legal liability risks to both the university and its employees, this Amendment:

(1) identifies general categories of information that shall not be communicated using university e-mail;

(2) permits Vice Presidents to identify division-specific restrictions where appropriate; and

(3) sets forth the actions the university may take if the E-mail Policy is violated.

Amendment

The following provisions shall be added to the E-mail Policy by this Amendment:

A. Restrictions on E-mail Use

1. University e-mail shall not be used to communicate information of a private or confidential nature, including, but not limited to, the following:

(a) information about the medical, mental or handicap condition of employees or students;
(b)  information about the evaluation, performance or discipline of university employees or students;
(c)  information relating to the investigation, defense or prosecution of any pending judicial action or administrative charge in which the University, its faculty, staff or students are parties;
(d) information relating to the investigation, resolution or disposition of any complaint or charge involving faculty, staff or students, including, but not limited to, complaints and/or charges involving fair practices, grievances or alleged discrimination;
(e)  information relating to the request for or delivery of legal advice or employee/employer relations assistance; or
(f) any other information that a Vice President or designee may identify in writing as inappropriate for e-mail communication in his/her respective division.

B. Violations

1. Violations of the E-mail Policy are subject to any or all of the following actions:

(a) Administrative Action: violations may result in the revocation or restriction of university e-mail use
(b) Disciplinary Action: violation of this Policy is an infraction subject to disciplinary action, including suspension or termination
(c)  Legal Action: violations may be referred to local, State and/or Federal authorities, including the University Police

Notice

Vice Presidents shall be responsible for implementing this Amendment in their respective divisions.

Effective Date

The Amendment shall take effect on April 1, 2002.

Approved by President's Staff: March 6, 2002