Computers: Electronic Communication

The College has adopted the following policy to guide usage of all forms of electronic communication. For purposes of this policy statement, electronic communications includes but is not limited to electronic mail, internet services, voice mail, audio and video conferencing, and facsimile messages that are sent or received by faculty, staff, students, and other authorized users of College resources.

Ownership of Electronic Communication and Permissible Uses

The College provides various forms of electronic communication for the purpose of conducting academic pursuits and other College business. The records created are the property of the College, not of the individuals sending or receiving such messages. Individuals who are authorized to utilize electronic and voice mail may make incidental and occasional personal use of these facilities when such use does not generate a direct cost for the College. In doing so, users acknowledge the College's ownership of the systems and its rights with regard to use.

Prohibited Uses

Prohibited uses include but are not limited to:

a.        Using a computer account that one is not authorized to use.

b.       Allowing another to use one's computer account.

c.        Obtaining a password for a computer account without the consent of the account owner.

d.       Using the College network to gain unauthorized access to any computer system.

e.        Knowingly performing an act that will interfere with the normal operation of computers, terminals, peripherals or networks.

f.         Unauthorized duplication of College or College-owned software.

g.       Knowingly running or installing on any computer system or network, or giving to another user, a program intended to damage or to place excessive load on a computer system or network. This includes, but is not limited to, programs known as computer viruses, Trojan horses and worms.

h.       Attempting to circumvent data protection schemes or uncover security loopholes.

i.         Violating terms of applicable software licensing agreements or copyright laws.

j.         Deliberately wasting computing resources.

k.        Using electronic mail to harass others.

l.         Using electronic mail for personal gain or profit, or for partisan political purposes.

m.      Masking the identity of an account or machine.

n.       Posting materials on electronic bulletin boards that violate existing laws or the College's Student Code of Conduct.

o.       Misuse of computer resources that creates a hostile environment, including, but not limited to, accessing sexually explicit materials, and accessing ethnic and/or racial hate materials.

p.       Attempting to monitor or tamper with another user's electronic communications, or reading, copying, changing or deleting another's files or software without the explicit agreement of the owner.

Activities will not be considered misuse when authorized by appropriate College officials for security or performance testing.

College Access and Disclosure

The College does not back-up or archive the contents of e‑mail messages. An individual’s e-mail messages may be required to be disclosed as a result of legal discovery, writ, warrant or subpoena, or as a result of a request under the Colorado Open Records Law. The College will not monitor electronic communication as a routine matter. Message contents will be inspected as needed to protect health and safety or security.

Disciplinary Action

If a violation of policy is suspected, Computer Services staff will refer the matter to appropriate authorities such as the Campus Security, the Personnel Office, and the Vice President of Student Services. If a condition exists where Computer Services personnel feel there is a need for immediate action, that action (account deactivation, etc.) will be taken, then the matter will be referred to the authorities listed above. These cases will be limited to instances involving safety, security, or other matters of an emergency nature.

Drug & Alcohol

Pueblo Community College is a state system community college governed by the Community Colleges of Colorado (CCC). The Board policy requires the College to comply with the Drug Free Schools and Communities Amendment of 1989 (PL 101-226). In order to comply with this law, Pueblo Community College will distribute to each student and employee, on an annual basis, a publication that will include the following:

i.         Standards of conduct

ii.        Legal sanctions for unlawful possession or distribution of illicit drugs and alcohol

iii.      Health risks associated with the abuse of alcohol and the use of illicit drugs

iv.      Available counseling, treatment and rehabilitation programs

Pueblo Community College strictly prohibits unlawful manufacture, distribution, dispensation, possession, use/abuse of alcohol and/or illegal substances at any buildings or lands owned or used by PCC.

Violence/Firearms on Campus

Violent behavior or the threat of violent behavior toward employees, students, the general public, college property or college operated facilities will not be tolerated. No person may have on his or her person any unauthorized firearm, ammunition, explosive device, or illegal weapon on campus or any facility used by a college unless authorized by the President or his designee.

Sexual Misconduct

Sexual misconduct, including sexual assault and sexual abuse, by any member of the college community will not be tolerated. The College will respond in a firm and judicious manner to all reports of alleged incidents of sexual misconduct.

Definitions: Sexual assault is defined as sexual penetration by use of force or threat of force, or by taking advantage of a victim's helplessness. Sexual abuse is defined as an act of a sexual nature not covered under sexual assault and which includes but may not be limited to fondling and touching of sexual body parts without consent.

Reporting: Alleged victims of sexual misconduct or persons with knowledge of such incidents should file a report immediately with the Security Office at Pueblo Community College (College Center, Room 160, 549-3144) and/or their local law enforcement agency. All reports will be thoroughly investigated and referred to the Vice President of Student Services who will conduct a separate investigation.

If an investigation results in the filing of charges, the case will progress according to the Student Code of Conduct. Disciplinary proceedings will be instituted against a student charged with sexual misconduct independent of any external criminal investigation and/or proceedings off campus. If the charges of sexual misconduct are found to have merit, sanctions such as, but not limited to, disciplinary probation, suspension or expulsion may be imposed. Alcohol and other intoxicants will not be used as a defense for sexual misconduct. Federal law requires that all incidents of sexual assault are to be included in the College's annual crime statistics report available to the public.

Evidence: Every effort should be made by the alleged victim and others to preserve any and all evidence obtained as a result of the incident and present such evidence to the appropriate law enforcement officials for possible use later either in criminal action or College disciplinary action.

Rights of the alleged victim and alleged perpetrator: Confidentiality of both the alleged victim and alleged perpetrator will be maintained throughout the investigation and hearing. The case will be handled as any other student discipline case. However, the following stipulations will also apply:

Both parties will have the same opportunity to have others present, and will be informed of the outcome of any disciplinary proceedings.

The alleged victim will be informed of his/her option to notify law enforcement, be notified of counseling services, and be notified of options for changing academic and living situations

Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when one or more of the following criteria are met:

1.        Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or of academic status in course, program or activity.

2.        Submission to or rejection of such conduct by an individual is used as the basis for employment or academic educational decisions affecting such individual.

3.        Such conduct is sufficiently severe, persistent or pervasive to have the purpose for effect of unreasonably interfering with an individual’s work/academic performance or creating an intimidating, hostile or offensive working/learning environment.

Matters having sexual connotation, which arise as part of the legitimate educational curricula and do not exploit students to a private advantage would not violate college policy unless used in an improper manner. Examples of sexual harassment may include, but are not necessarily limited to:

1.        Physical assault

2.        Direct or implied threats that submissions to sexual advances will be a condition of employment, work status, promotion, grades, or letter of recommendation

3.        Direct propositions of a sexual nature

4.        Subtle pressure for sexual activity

5.        A pattern of conduct intended to discomfort or humiliate, or both, a reasonable person at whom the conduct was directed that includes one or more of the following:

i.         Touching, patting, hugging, or brushing against a person’s body

ii.        Remarks of a sexual nature about a person’s clothing or body

iii.      Remarks about sexual activity or speculation about previous sexual experience

iv.      The display in the work or educational arena of sexually suggestive objects or pictures

The College is committed to upholding this policy prohibiting sexual harassment. Violation of this policy may be grounds for dismissal. While it is the purpose of this policy to protect all persons associated with the College from sexual harassment, it shall also be a violation of this policy to knowingly make false allegations of sexual harassment.

Individuals who feel that they have been subjected to sexual harassment and are in need of further information as to the procedures, may contact the Director of Human Resources, 900 West Orman Avenue, Room CA-112, Pueblo, Colorado 81004, (719) 549-3220, or the College President. All matters involving sexual harassment complaints are taken seriously and shall be investigated. Complaints shall remain confidential to the extent possible. Filing of a complaint or otherwise reporting sexual harassment shall not reflect upon the individual's status or affect future employment, work assignments, or grades.

Campus Prohibited Access

The following individuals may be prohibited from entering upon land or buildings owned or used by Pueblo Community College:

·         Persons charged with criminal acts against Pueblo Community College or PCC students or employees pending criminal charges.

·         Persons found guilty by a court of competent jurisdiction of criminal acts against Pueblo Community College or PCC students or employees.

·         Any individual whose presence on campus constitutes a clear and present danger to the persons, property, or peace of Pueblo Community College or PCC students, employees or agents (contractors).

·         Any individual whose presence on campus, given all attendant circumstances, could reasonably cause injury against the persons or property of Pueblo Community College, PCC students or employees.

In order to be prohibited from use of College lands and buildings, individuals must be notified in writing of the prohibition by the Vice President of Student Services or his/her designee. Notice may be made personally or by certified mail. Individuals so notified shall be immediately barred subject to the right to request a hearing within three (3) days of the service of notification or within six (6) days of the date of mailing the certified letter. Extension of time will be given to the next business day for any day that occurs on a weekend or a holiday as established by Pueblo Community College.

Appeals shall be made by giving a written notice to the office of the President. Hearing on the appeal shall be within seven (7) days from the receipt of the notice of appeal. Neither the individual prohibited nor the College shall be represented at the hearing by legal counsel. The hearing need not conform to the strict rules of legal evidence. In the event that the College President reverses the prohibition, the individual shall be immediately entitled to enter upon College land or property. In the event that the College President affirms the decision, the individual's prohibition shall continue.

Prohibitions under this policy shall be for a maximum period of one (1) year. Extensions of any prohibition may only be made by commencing a new notice of prohibition to be served upon the individual. With respect to individuals convicted of criminal acts against the College, its students or employees, the one (1) year shall commence to run at the time the individual is released from incarceration resulting from the conviction.

Any violation of such prohibition may result in legal action by Pueblo Community College against the individual, including such criminal charges as may be appropriate under the circumstances, including criminal trespass.

Restrictive Access

Pueblo Community College provides educational programs for matriculated students and also offers social and cultural programs for students and community members. In order to establish an appropriate educational environment and preserve College property for educational purposes, the College reserves the right to restrict access to lands and facilities that are under the control of PCC.

The Vice President of Administration shall oversee the access and usage of facilities and lands for educational and non-instructional purposes related to students and the general public. All activities must be scheduled and authorized and facilities/grounds must be used according to College rules and regulations.

No individual(s) shall temporarily or permanently remain overnight on the property owned or used by Pueblo Community College, or dwell on the property owned or used by Pueblo Community College, including but not limited to, in motor vehicles, or in temporary or permanent structures, without the specific prior approval of the Vice President of Administration or his/her designee.

Members of the campus community, as well as visitors, are expected to behave in ways that do not interfere with the educational process at Pueblo Community College. PCC prohibits individual behavior that interferes with, disrupts, impairs, or obstructs the processes, procedures, or functions of the College. Failure to comply with this policy could subject the individual to warning, probation, removal from the campus, arrest, barring from the campus, or any other sanctions applicable under the Student Code of Conduct, College Personnel Policies, or state or federal laws. The Vice President of Administration or his/her designee will initiate actions to be taken under this policy.

Contested administrative action may be appealed in writing to the College President within three (3) working days from the date action is taken by the Vice President of Administration. The decision of the College President will be final.