Regulation Details Complaint Procedure for Technology Misuse

Most members of the Maricopa community know by now that its acceptable use policy for technology (the District’s “Technology Resource Standards”) underwent some substantial revisions nearly a year ago (See In Brief Winter 2005).

On the heels of that exercise, however, came an important addition to the District’s efforts to ensure that technology be used more efficiently: a Complaint Process that enables any person to voice concerns over apparent violations of the Standards.

The Process details procedures that members of both internal and external communities can use to address objectionable content of websites or other uses.

A complaint alleging violation of the Standards begins with a written description of the violation that is submitted to the District’s Office of Information Technology Services.

That office sends a copy of the complaint to the “user alleged to be responsible for the content or conduct at issue.” If that user removes the offending content, no additional review is taken.

Should the alleged violation continue, IT Services officials consult with the Office of General Counsel. That office reviews the activity and opines as to whether it is a “per se violation of any law, Maricopa policy or administrative regulation.”

If such a violation is found, the General Counsel issues a written finding that indicates the nature of the violation and recommends any action deemed necessary.

In the event no violation is found, however, the matter is nevertheless subject to a “full review.” The nature of such a review depends on whether the user responsible for the alleged violation is a residential faculty member.

For such an employee, the review is conducted by a committee whose representation consists of a faculty senate president, instructional council chair, and others appointed by designated individuals.

Other employees’ review committees are comprised of employee group representatives, as well as others named by designated individuals.

If the alleged violator is a student, and the complaint involves “the use of resources related to a course, student club or organization,” the review is conducted by the Vice President of Academic Affairs from the student’s college, as well as by the student’s instructor or club advisor, as appropriate.

Regardless of whether the user is faculty, non-faculty or student, the review committee will “consider the complaint” and afford the user the chance to provide “written or oral testimony relevant to the defense of the content or conduct complained of.”

Following this review, the group determines whether there is “clear and convincing evidence” that the conduct complained of is contrary to the “reasonable exercise of academic freedom, or to the advancement of the educational, research, service, operational, or management purposes of Maricopa, and therefore a violation of the MCCCD Technology Resource Administrative Regulation.”

If it is determined that a violation did in fact occur, “the college president or vice chancellor shall be authorized to have the content removed or to prohibit access by the user to any MCCCD resource being used to facilitate the violation.”

The user may challenge this action “through established grievance or resolution of controversy procedures”; otherwise, however, decisions rendered under the Process are considered final.
Click here to view the full text of the Complaint Process.

Published in the Winter 2006 Edition of In Brief