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IEU(SA)

Communication Technology Use Policy

Preamble

The rapid and wide introduction of computer based information and communication technologies has occurred in the absence of clearly articulated and agreed conventions as to what constitutes ethical and reasonable use, particularly in the work and school environments.

Computer based information and communication technologies have an immediacy that can transcend normality. The apparent ephemeral nature and seeming privacy of new communication media can entice novice users into a world of alternative ethics. School policies should, however, not focus on the misuse of the internet, but treat the internet and email as just another form of communication technology - albeit the form that has caused us to focus on the key question of what actually constitutes reasonable and ethical communication use by employees in the school environment.

Communication is an essential part of being human and therefore an essential part of the whole education process. Fundamental forms of communication range from the spoken and written word to body language and other behaviours. Conventions as to what is acceptable in these areas are always changing and are often culturally based, but they are generally understood even if the boundaries are frequently tested.

The areas which are the most unclear are the areas which involve "hard" technologies, particularly newer technologies where accepted conventions have not had time to evolve naturally. New technologies are made even more problematical because they involve capital investment, operating expenses and a linking with ideas, values and people from outside the relative safety of the local school community.

The now IEU(SA) Communication Technology Use Policy is developed with following technologies in mind

• Photocopier
• Telephone (fixed or mobile)
• Facsimile
• Postal services
• Internet
• Email

Schools and school systems need to develop clear, fair and agreed policies as to what constitutes reasonable use of communication technology by employees in the school environment. Employees need certainty as to the level of privacy they can expect and to where the limits of "reasonable" and "acceptable" use lie. When employees are involved in the development of the policies they are more likely to understand them and follow them than if the policies had been imposed unilaterally without any consultation.

The Communication Technology Use Policy provides a non-exhaustive set of principles that should be incorporated into agreed policies developed at system and local school levels. A consultation-modified draft will be presented to  IEU(SA)  Council for approval as now IEU(SA) policy, but genuine consultation through the IEU(SA) Branch and/or Consultative Committee at the local school level may need to modify or amplify it to reflect particular levels and styles of technology.

Definitions and examples should be added where they are thought necessary to make the locally negotiated policy clear and unambiguous. There is, however, a danger in making policies too inflexible and narrow to be able to cope with the spirit of the policy - i.e. to provide clear and workable guidelines for employers and employees.

It is strongly recommended that the key issues and safeguards contained in the Communication Technology Use Policy be incorporated into school policies even if the actual wording is not eventually adopted.

The Communication Technology Use Policy is designed with adult employees in mind and is not intended to necessarily be applied to student use where there may be mounted a stronger case for guidance and oversight of use and where pragmatic issues of sheer volume of communication, the purposes of communication and equity of access become more relevant.

IEU(SA) Communication Technology Use Policy

Policy Statement

 Policy Development and Consultation

It is IEU(SA) policy is that

• Employees and their union work with schools and systems to develop agreed policies, protocols and procedures for the use of communication technologies by employees in the school environment.
• Such policies do not focus solely on computer based technologies, but should cover all communication facilities including (but not limited to) photocopying, telephone (fixed and mobile), facsimile, postal services as well as internet and email.
• School policies, procedures and protocols be regularly and widely publicised amongst employees.
• Employees not be subjected to the same policies, procedures and monitoring as students. In particular staff, as responsible adult professionals, are to have reasonable access to the whole internet, email, telephone and other facilities during work time.
• Where the introduction of new technologies is likely to impact negatively on employees performing particular duties, consultation with the employee(s) and their union take place as soon as possible to examine ways of mitigating the adverse effects on the employee(s) likely to be affected in accordance with award procedures.
• Policies of acceptable use of school communication facilities shall be reviewed regularly and modified or rewritten in the light of experience and technological developments.

Training in Communication Technology and Policies

It is IEU(SA) Policy that

• Policies and procedures be well publicised and understood by the personnel affected and new employees be inducted into the policies and procedures for use of communication facilities.
• The use of individually signed contracts or agreements by employees is neither necessary nor reasonable.
• Employees be provided with relevant training in the use of communication technologies. Relevant training should include
  • the encouragement to incorporate new technologies into their personal and working lives.
  • the use of equipment, hardware and software
  • being made aware of the persistence of electronic information through backups and forwarded copies even after being "deleted"
  • being made aware of what agreed and general forms of monitoring are conducted and the purpose of that monitoring
  • being made aware of the legal standing of email and other communications in civil and criminal jurisdictions
  • the policies and procedures applicable at the school site

Acceptable Use of Communication Facilities

It is now IEU(SA) Policy that

• Communication facilities provided by the employer be made available to employees for professional and work related use and for reasonable personal use.
• Where employees have remote access to school servers via their own home based computers, different definitions of "reasonable personal use" will need to be negotiated than would normally apply in the school setting and during work time.
• Professional or work related use includes (but is not limited to) access to
  • Subject, pedagogical and other occupational associations
  • Curriculum resources
  • IEU(SA) officers and members
  • Industrial and OHSW information
  • Training and education organizations
  • Professional development
  • On line learning
  • Colleagues at the same or different worksites
  • Sources of news, current affairs and issues
  • Discussion groups and email alert services
• Employees be granted access to employer communication facilities for reasonable personal purposes, which may include amongst other things
•  
  • Making domestic or private arrangements
  • Personal business most conveniently conducted during school hours
  • Hobby or general interest matters
  • Networking and maintaining personal contacts, especially overseas contacts
  • Familiarization with the technology
• Areas which are not considered to be reasonable personal use be negotiated and documented. Such unacceptable activities may include
•  
  • Where the activity impedes the performance of the employee's duties
  • Where the use unreasonably prevents access to the facilities for school business in school hours
  • Conducting personal commercial activity without prior approval or consistently in excess of agreed limits.
  • Illegal activities such as breaches of copyright or dealing in pirated software
  • Deliberate misrepresentation of the school or its actions
  • Hacking into or maliciously attacking other organizations' websites
  • Prurient involvement in activities reasonably deemed to be inappropriate in a school setting eg pornography
  • Vilifying, defaming or sexually (or otherwise) harassing another person
  • Vilifying, harassing or otherwise discriminating against people or groups because of gender, sexuality, ethnic background, religion, age, disability or appearance.
  • Initiating communication which would be likely to cause moral offence to the intended recipient.
  • Use which places excessive demands on the school communication system through the volume of communication, the timing of communication or the cost of the activity (including excessive quantities of downloading, printing or storing of personal material).
• Schools may negotiate reasonable levels of personal use and reasonable recompense for individual personal use which involves the school in significant and quantifiable extra expense. Where practical, employees have a responsibility to negotiate the cost of personal use which could be considered to be above reasonable levels before such use takes place.

Privacy

It is IEU(SA) Policy that

• All personally directed communications shall be treated as confidential to the intended recipient. Post, email and other communication that is addressed to an employee either by name or position shall not be opened, read or otherwise intercepted by any other person without proper authority or without the agreement of the recipient.
• Telephone, mail, email, internet and other communication by staff shall not be routinely, randomly or otherwise monitored or sampled for content, destination or source unless in cases of specific serious disciplinary matters or civil and criminal litigation and even then only under the strictest protocols outlined elsewhere in this policy.
• Legitimate reasons for the general filtering of communications do exist - for example for virus protection and for limiting system overloads. Such general monitoring procedures shall be publicised to all employees in advance of being implemented.
• Systems Managers (however named) are only authorised to monitor individual communications for content under the express written and signed authority of the Principal (or the Principal's superior as appropriate) or upon the instructions of a properly authorised police officer or under court order and in such cases all information is to be treated confidentially. Investigations of individual employee usage shall not be unilaterally instigated or conducted by systems managers.
• Communication of union, OHSW or employment related matters between employees,  IEU(SA) delegates, Branch reps and IEU(SA) Officers is considered to be legitimate professional or work related use of school communication facilities (specifically including email and internet). The content of trade union related communications is considered to be privileged and confidential. No internal or external trade union related communications shall be impeded from reaching the intended recipient nor should such communication be accessed by anyone other than the intended recipient.  IEU(SA) and schools should work cooperatively to establish email communication between  IEU(SA) and its members where this is technically possible.
• Employees shall take all reasonable steps to protect the privacy of other users and the security of sensitive personal data. Suspected breaches of security should be reported to the responsible officer as soon as practical and the problem should not be demonstrated to others. Passwords should be kept private and changed regularly or when necessary.

Breaches of Guidelines

It is IEU(SA) Policy that

• Suspected or alleged breaches of school communication technology policies be accorded the same natural justice, procedural fairness and sense of proportion and discernment that would apply to the suspected or alleged breach of any other workplace procedure or expectation.
• Where it is reasonably suspected that an employee has breached guidelines as to the acceptable use of school communication facilities, it is reasonable for that employee to be asked to account for the area of concern. The employee may be accompanied by a union representative or person of choice to the meeting. The purpose of such initial meetings would be to clarify mutual expectations rather than to be disciplinary in nature and shall not involve a retrospective search of user logs, files or other records. The employee may be counselled, advised or warned if unacceptable use continues.
• In cases of suspected serious disciplinary matters or persistent disregard of agreed guidelines, the employee shall be given notice of the allegations and shall be afforded time to arrange the support of a union officer or other representative to be present at a meeting to discuss the allegations.
• Consequences for serious cases of proven or admitted misconduct shall accord with natural justice and current industrial regulations and shall be proportionate to the situation and in the best interests of both the employer and the employee.
• In the resolution of admitted or proven cases of serious matters an employee may agree to submit to prospective monitoring of their use of that particular communication facility under such conditions as are appropriate. No specific logging or monitoring of an employee's communications may occur without the employee's knowledge and written, signed consent.
• If employee records or files are to be examined or searched, then this must occur in the presence of the employee and the supporting union officer if one has been requested.
• In cases of suspected criminal offences or civil litigation, due process (including confidentiality, the protection of victims and the presumption of innocence for the accused) shall underpin any investigation and the gathering of evidence.