Policies
Acceptable Use Policy Frequently Asked Problems
I: Of particular interest to IT Support Staff
I've got evidence that someone has misused their computer
II: Of particular interest to A.U.P. Advisers
I: Of particular interest to IT Support Staff
I've got evidence that someone has misused their computer:
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I've only come across this by chance, so should I ignore it?
No. It is important to act on misuse in all cases. Anyone offering IT support to users may legitimately follow-up any suspected abuses which come to light in any way.
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Does it make any difference if the person is staff or a student?
No - not to you. The only point is that serious cases, which must be dealt with formally by the university, follow different procedures for staff and for students. But you should initially approach problems in the same way no matter who is involved.
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Bring the matter to the attention of your department A.U.P Adviser or, failing that, to the attention of the appropriate Faculty IT Co-ordinator or an appropriate member of IT Services. (See the list of contacts https://internal.lboro.ac.uk/it/
uniwide/info/people/advisers.html.) -
Minor abuses should normally be dealt with locally. Major abuses will be dealt with centrally and may end in disciplinary or judicial procedures. However, all but the most trivial student abuse is recorded by the University because multiple minor abuses will be regarded as a major abuse.
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Shall I take action to stop this person?
Usually it will be best to leave matters alone until your A.U.P. adviser has had a chance to investigate the situation. However, you may judge that the university or other individuals are at risk if the misuse continues, or that there is a potential breach of the law involved. If your A.U.P. adviser is not immediately available to assist then try to contact your Faculty IT Co-ordinator or Rob Kirkwood - if you are still unable to obtain immediate help then you may have to take unilateral action.
II: Of particular interest to A.U.P. Advisers
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As an A.U.P. Adviser, what are my duties and responsibilities?
In summary, these are to:
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Make sure that everyone in your department/section is aware of your rôle.
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Ensure that you advise colleagues of the need to be aware of the issues. It is especially important that staff introducing IT use to students and staff with responsibility for industrial placements should be aware of the A.U.P.
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As far as possible, deal with cases yourself. If you choose to delegate some cases, ensure that all are dealt with in a consistent way.
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Develop local guidelines for the treatment of cases.
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Ensure that appropriate student cases are reported on the form provided.
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Pass major cases on to IT Services or your HoD/S.
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Ensure that all records kept are maintained in accordance with the Data Protection Act 1998 www.lboro.ac.uk/admin/ar/policy/dpact/ and that all data subjects (alleged offenders and complainants) are made aware that records are kept.
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I've got evidence that someone has misused their computer. Where do I start?
First, ask a competent person to investigate as best they can in order to make sure that the abuse is no worse than you think it is. Your Faculty IT Co-ordinator can advise on the investigation if you need help and IT Services will also assist and should usually be brought in if central services are involved.
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OK, I've done that. The abuse turns out to be really very trivial, so what do I do now?
Simply arrange for you or your nominee to interview the person concerned. The aim should be to remind the offender of what is in the A.U.P. and why their actions are not acceptable. A rebuke is all you need to deliver.
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What if the abuse is slightly more serious but we don't want to get too heavy handed?
In that case a stringent reprimand is called for. The offender should be left in no doubt that the University regards their conduct as unacceptable and that very serious sanctions can follow behaviour like theirs. In the case of a staff member this reprimand must be delivered only after the Head of Department or Section has been consulted - this is a matter of employment policy. The Head of Department or Section will determine the appropriate person to deliver the reprimand. In the case of a student, anyone may deliver the reprimand and the student A.U.P. breach form must be completed.
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What else should I know about completing this student A.U.P. breach form?
A copy of the student A.U.P. breach form is available at www.lboro.ac.uk/it/policies/aupbreachform.doc. The student should be made aware that the report of the breach is to be deposited with the Student Records Office; they should be allowed to read the report and they should then sign it. They should be told that further action could ensue (either at once or in the future) if they are the subject of further reports. That aside, no further action will arise and the matter will be regarded as closed. Furthermore, the form will be destroyed after 12 months if no further abuse has been reported.
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What happens to student A.U.P. breach forms?
You send one copy to the Student Records Office and another copy to Rob Kirkwood in IT Services. They will check to ensure that the person you have dealt with has no previous record of misuse of IT facilities.
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As the A.U.P. Adviser what scope do I have?
So long as the misuse does not warrant referral on to central authority and provided you feel confident about the action to be taken then you or your nominee should handle the case. Unless you are a Head of Department you may find it advisable to inform your line-manager of your decisions and actions. Remember, though, that when dealing with a member of staff over any issue that requires more than an informal rebuke, you may take no action until you have reported to your Head of Department or Section.
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How do I judge the severity of a case?
Please see our website for example case studies (in preparation). In very mild cases you will feel that the actions have not been very problematic or offensive and that offenders have acted out of ignorance or thoughtlessness. You will feel that bringing the consequences of their actions to their full attention, together with a reminder of the existence and content of the A.U.P., will be sufficient to ensure that there is no recurrence. However, you may be dealing with a third party who has complained about unacceptable actions, which constitute misuse. In such a case, be guided by the complainant. If she or he feels no more than annoyed, treat the matter as mild. On other occasions you will be dealing with information that has come to your own notice and you will need to form your own view.
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What if I'm still not sure about this?
Please feel free to talk the matter over with your Faculty IT Co-ordinator or with an appropriate member of IT Services who should be able to assist.
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This case involves a member of staff. Suppose I think a rebuke is sufficient but, because of our working relationship, I don't feel comfortable having to administer the rebuke?
In appropriate cases, Rob Kirkwood is willing to step in and administer a rebuke on your behalf. Contact him with the details. (The same offer holds good for a student case if you have a similar problem over dealing with it personally.)
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This case involves a member of staff and certainly merits a reprimand. But the Head of Department is almost of the opinion that it should go further - so should it be dealt with as a disciplinary matter?
Again, let Rob Kirkwood have the details and he will offer advice based on precedents. Also, if it is decided that a reprimand is sufficient then Rob can take part in that reprimand if that is desired.
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Although I am willing to deal with this matter myself, suppose this person does something similar again in the future?
That's a matter of concern to all of us. This is why all but the most trivial abuses carried out by students require the submission of the student A.U.P. breach form. It is also why all but trivial matters involving staff should be dealt with via the appropriate line manager.
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And what if there is a previous history?
For students, as a minimum, the perpetrator will be given a formal interview by Rob Kirkwood or his nominee. If the circumstances warrant it, appropriate disciplinary action will be initiated. For staff, the Head of Department or Section will need to make a decision, in consultation with Personnel, as to whether to take disciplinary action.
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Although I am sure that the matter is a mild one, I haven't had to deal with such a thing before so what shall I do?
Contact your Faculty IT Co-ordinator, or other source of help, who will share the handling of the case with you, so that it remains in your jurisdiction but with guidance available throughout the process.
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Why the earlier reference to placement students?
From time to time, students from Loughborough University undertaking placements have fallen into trouble for breaching the Acceptable Use Policies (or equivalent) of their employers. All staff with responsibility for students going on industrial placements must ensure that students understand the need to be very careful to follow such policies, which might well be more stringent than the University's. A placement student who breaches an employer's A.U.P could very possibly face summary dismissal.