1) Arkansas State University Tax Status
Arkansas State University
operates as a non-profit, public service organization and is prohibited from
acting as a commercial entity. To
remain tax exempt, the university must operate “exclusively” for
educational purposes. Section
501(c)(3) of the Internal Revenue Code provides tax exemption for: “Corporations…organized and operated exclusively for
religious, charitable, scientific, testing for public safety, literary, or
educational activities…no part of the net earnings of which inures to the
benefit of any private shareholder or individual…”
2) Federal Electronic Funds
Transfer Act (EFTA)
Utilizing the ASU-J server to
process credit card payment potentially subjects ASU-J to the terms of the
Federal Electronic Funds Transfer Act. The
act defines an “electronic terminal” as an electronic device through which
a consumer may initiate an electronic fund transfer. There are a myriad of laws and
regulations that must be met under EFTA. The
University will not sanction the use of state property to process electronic
transfers related to commercial enterprises solely for personal gain and would
not willingly be subjected to the restrictive federal laws and regulations
regarding electronic transfers.
3) Arkansas State Law
a.
ACA § 5-41-104(a) states “Any person commits computer trespass who
intentionally and without authorization accesses, alters, deletes, damages,
destroys, or disrupts any…computer system.”
b.
ACA § 5-41-202(a)(2) states “A person commits an unlawful act regarding a
computer if the person knowingly and without authorization: (1) modifies,
damages, destroys, discloses, uses, transfers, conceals, takes, retains
possession of, copies, obtains or attempts to obtain access to, permits access
to or causes to be accessed, or enters data of a program which exists inside or
outside a computer, system, or network.”
4) Board of Trustees Policies
The university’s “Use of
Computing Resources” policy adopted by the ASU Board of Trustees effective on
1 July 1993 includes the statement: “Arkansas
State University computing resources must be used only for university related
instruction, research, or public service activities. University computing resources must not be used for personal
or private activities.”
The university’s “Facilities
and Services” policy adopted by the ASU Board of Trustees effective 1 July
1991 reads as follows: “University
facilities may not be used for conducting private business, for raising money
not connected to the university, for the solicitation of a political candidate
or issue or for the support or opposition of a political candidate or issue.”
5) Information Technology (IT) Policy
To comply with Arkansas ACT 1287
of 2001, ASU Jonesboro passed the “Appropriate Use of Information &
Technology Resources Policy (often referred to as the “Appropriate Use Policy”). This policy is a product of the
Computers and Technology Committee, went through shared governance, and has
been posted on ASU-J’s main web site for 14 months. The AUP policy defines terms, sets forth guidelines for
appropriate use of IT resources, and describes specific proscriptions on use. The policy is shown on the university
website at: http://computing.astate.edu/Misc/appropriate_use_policy.htm.
a.
Section IV-D-3: Use
that is inconsistent with ASU-J’s public service status. “The University is a non-profit,
public service organization and, as such, is subject to specific federal, state
and local laws regarding sources of income, political activities, use of
property, and similar matters. As a result, commercial use of IT resources for non-ASU-J
purposes is generally prohibited, except if specifically authorized and
permitted under University conflict-of-interest, outside employment, and other
related activities. Prohibited
commercial use does not include communications and exchange of data that
furthers the University’s educational, administrative, research, and other
roles, regardless of whether it has an incidental financial or other benefit to
an external organization.”
b.
Section VI: Enforcement Procedures includes in part E, Legal
Liability for Unlawful Use, the statement “In addition to University
discipline, Users may be subject to criminal prosecution, civil liability, or
both for unlawful use of any IT System.”
6) Faculty Handbook Policies
Section II-13 on Outside
Employment encourages consulting and other related professional projects when
it contributes to the university mission, but permits use of university
resources only with permission and compensation. The same section clearly states, “As a general rule,
university resources (including facilities, supplies, and equipment) shall not
be used for personal gain,” and that faculty must submit a “formal written
request and obtain prior approval in writing from their respective deans before
accepting outside employment.”
a.
Section III-1 on Academic Freedom “encourages and protects freedom of
inquiry in the responsible and lawful pursuit of these goals…”
b.
Section III-4 on Creative Works gives examples of situations in which a
contract or letter of agreement would be expected, including: “(b) using computer facilities or
resources for commercial or paid consulting activities...” “When the university enters
into a contract or letter of agreement with a faculty member, the university’s
obligations and the faculty member’s obligations, including reimbursement for
resources used and sharing of income, will be stated in writing.”
c.
Section V – 7 Reasons for Dismissals of (Tenured) Faculty Members
provides a list of events which may constitute cause for dismissal including,
“… unauthorized use or abuse of university property…, theft…”
7) Staff Handbook
Information technology policies
for the ASU system staff are covered in the ASU System Staff Handbook under the
heading Internet Code of Conduct, beginning on page 21. These policies are
consistent with the Information Technology (IT) Policies set forth in paragraph
5 above.
8) For Additional Information
Questions relating to
the appropriate use of information technology and/or other university equipment
and facilities should be directed to the dean in academic units or the vice
president in administrative units.
University policies are posted on the ASU website at www.astate.edu and are also available in the university library.