[Uosenateexec] FW: Policy Advisory Council Meeting - January 4, 2017

Tue Jan 3 10:35:16 PST 2017

Dear Bill and Randy,

In my view, the “Acceptable Use Policy” for IT resources definitely includes
academic matters. 

Paragraph 1.0 states for employees that “incidental and personal use” of  UO
IT Resources “may be permitted if it is minimal.”  The term “may be” appears
to leave unlimited discretion in the hands of someone other than the user to
restrict such use at various times and for various reasons.  It does not say
“is permitted.”  This can impact a professor’s or student’s ability at
expression and speech.

Furthermore, paragraph 1.0 has two standards:  use must be “minimal” and use
must “not interfere with UO’s or the employee’s ability to carry out UO
business.”  As long as the use does not interfere, there is no reason for
the additional restriction that such use be “minimal.”  And of course
“minimal” has no clear meaning.

Paragraph 4.0 covers “appropriate uses.”  It is obvious today that,
regardless of Donald Trump’s disdain for computers, the use of a computer is
quintessentially a central aspect of academic work in today’s world.

Paragraph 4.2 states three standards for UO employees that are additional to
those found in paragraph 1.0.  Paragraph 4.2 says that personal use must be
“incidental,” “cannot interfere with the fulfillment of the employee’s job
responsibilities” (rather than the ability to carry out UO business), and
cannot “disrupt the work environment.”

Paragraph 4.3 creates a completely different standard for students, allowing
use of UO IT Resources for anything the student wants, as long as not
conflicting with other elements of the Policy (or other UO policies).
Personal use by students need not be “minimal” or “incidental” or restrained
from interfering with UO’s ability to carry out its business, apparently.

Paragraph 5.1 references Oregon Revised Statutes section 260.432, but
conspicuously fails to mention that this section of law includes this: "
this section does not restrict the right of a public employee to express
personal political views."

By not including this provision of the law, paragraph 5.1 is misleading to
faculty, staff, and students.

Paragraph 6.6 goes beyond the allowable limits of the Constitution of the
State of Oregon’s guarantee of freedom of expression.  It lists several
characteristics that an email should not have if a “recipient” or “another
viewer” could “reasonably” “consider[]” the email to have those
characteristics.  The freedom of expression provision of the Oregon
Constitution, as interpreted by the courts do not allow this standard to be
imposed at least on students and perhaps on professors.  Paragraph 6.6
allows retaliatory actions by University administrators against students and
professors, for example, who discuss issue of homosexuality, race, and other
matters, if the administrator decides that any viewer of the email could
reasonably consider that discussion to be objectionable within the terms of
the policy.  This directly contradicts the UO policies on Academic Freedom
and Freedom of Expression.”  These are clearly and definitely “academic
matters.”

John

************************
John E. Bonine
Chair of Executive Board, Environment-People-Law - Ukraine
Founder, ELAW
Bernard B. Kliks Professor of Law, University of Oregon

On 1/3/17, 7:53 PM, "Betina A Lynn" <uosenateexec-bounces at lists.uoregon.edu
on behalf of betina at uoregon.edu> wrote:

Dear Members of the Senate Exec,

I apologize for the late notice, but we need your input on the agenda for
the upcoming Policy Advisory Council meeting tomorrow, Wednesday, January 4,
2017. Please take a look at the items policies up for discussion in the
attached agenda and provide a recommendation to Bill Harbaugh
(senatepres at uoregon.edu) and Randy Sullivan (smrandy at uoregon.edu) as soon as
possible. The objective is to determine which policies pertain to academic
matters and are therefore in need of senate attention.

Best,

Betina

Betina Lynn
Executive Coordinator, University Senate
6229 University of Oregon
Eugene, OR  97403
541-346-4439

From: David R. (Randy) Sullivan [mailto:smrandy at uoregon.edu]
Sent: Wednesday, December 28, 2016 3:43 PM
To: Betina A Lynn <betina at uoregon.edu>
Cc: William T Harbaugh <harbaugh at uoregon.edu>
Subject: Fwd: Policy Advisory Council Meeting - January 4, 2017

Hi Betina,

Hope your holidays are going swimmingly!

Would you please forward this to the SEC and ask them to please review these
policy revisions/repeals and get their feedback to Bill by Monday so that he
can let me know his decisions before next week's PAC meeting on Wednesday?

Peace,

Randy Sullivan

Senior Instructor

Department of Chemistry and Biochemistry

University of Oregon

office: 541.346.4391

cell: 541.556.0877

smrandy at uoregon.edu

chemdemos.uoregon.edu <http://chemdemos.uoregon.edu>

Begin forwarded message:

From: Amanda R Hatch <ahatch at uoregon.edu>

Subject: Policy Advisory Council Meeting - January 4, 2017

Date: December 21, 2016 at 2:34:52 PM PST

To: Andrew J Dunn <adunn2 at uoregon.edu>, Angela Wilhelms
<wilhelms at uoregon.edu>, Bruce A Blonigen <bruceb at uoregon.edu>, "Ceci M
Lafayette" <lafayett at uoregon.edu>, CJ J Nelson <CNelson at uoregon.edu>, "David
C Johnson" <davej at uoregon.edu>, David P Larsen <dplarsen at uoregon.edu>, "John
J Taylor" <pjt at uoregon.edu>, Kathie L Stanley <kstanley at uoregon.edu>, "Kelly
B Wolf" <kbwolf at uoregon.edu>, Laura E Smithers <smithers at uoregon.edu>, "Mark
A McCulloch" <MMcCullo at uoregon.edu>, Missy A Matella <mmatella at uoregon.edu>,
Monique R Balbuena <balbuena at uoregon.edu>, Randy R Sullivan
<smrandy at uoregon.edu>, Rosa Chavez-Jacuinde <rosaura at uoregon.edu>

Cc: Steve E Robinson <sr1 at uoregon.edu>, Will J Laney <wlaney at uoregon.edu>,
Vicki R Strand <vrstrand at uoregon.edu>, Devon M Shea <dshea at uoregon.edu>,
Jennifer A LaBelle <jlabelle at uoregon.edu>, Senate President
<senatepres at uoregon.edu>, Senate Executive Coordinator
<senatecoordinator at uoregon.edu>

Good Afternoon!

Attached please find the agenda and materials for the upcoming Policy
Advisory Council (PAC) meeting. These materials will also be posted to the
PAC website later today.

As a reminder, the PAC meeting will be on Wednesday, January 4, 2017 at
10:00 a.m. in the Johnson Hall Conference Room.

Please let me know if you have any questions or concerns.

Have a wonderful holiday!

Thank you,

Amanda 

Amanda Hatch

Assistant Board Secretary

Board of Trustees

541.346.3013 ǀ ahatch at uoregon.edu <mailto:ahatch at uoregon.edu>

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