District Consultation Council Meeting January 25, 2021 2 ...

District Consultation Council Meeting

January 25, 2021

2:00 p.m. Zoom Teleconference │Meeting ID: 931 5122 2842

https://nocccd-edu.zoom.us/j/93151222842

AGENDA

CONSENT CALENDAR & SUMMARY 1. Approval of Consent Agenda Items N/A 2. November 23, 2020 Summary Action STRATEGIC GOALS & PLANNING

1. 2021-2022 Governor’s January Budget Proposal Information

2. One-time Funding Information

3. Strategic Plan Allocation: Diversity, Equity, Inclusion, and Anti-racism Action OPERATIONAL REVIEW 1. POLICY 1. Board Subcommittee Revised Policies Action 2. Revised AP 3720, Computer and Electronic Communication Systems Action OTHER ITEMS 1.

https://nocccd-edu.zoom.us/j/93151222842

District Consultation Council Summary November 23, 2020 Page 1 of 2

DISTRICT CONSULTATION COUNCIL November 23, 2020

SUMMARY

MEMBERS PRESENT: Morgan Beck, Tonya Cobb, Jennifer Combs, Damon De La Cruz, Carlos Diaz, Christie Diep, Craig Goralski, Cherry Li-Bugg, Cheryl Marshall, Lisa McPheron, Dawnmarie Neate, Jennifer Oo, Kim Orlijan, Jeremy Peters, Valentina Purtell, Irma Ramos, Lizeth Sanchez, JoAnna Schilling, Greg Schulz, Kai Stearns, Joseph Vasquez, and Fred Williams. VISITORS: Danielle Davy Chancellor Cheryl Marshall called the Zoom teleconference meeting to order at 2:01 p.m. CONSENT CALENDAR & SUMMARY Consent Items: The agenda contained no consent items. Summary: The summary of the October 26, 2020, meeting was approved as submitted. STRATEGIC GOALS & PLANNING Status Update of the New Resource Allocation Model: Fred Williams, Vice Chancellor Finance & Facilities, provided a status update on the new Resource Allocation Model (RAM) which was previously discussed by DCC on October 26. He shared next steps for the first year of implementation of the new RAM which will include: • Creating a new Resource Allocation Handbook • A budget forum on December 10 to discuss the RAM and budget center processes • Determining any additional refinements needed to the budget elements • Discussion to begin at the December 14 Council on Budget & Facilities (CBF) meeting Mr. Williams clarified that a CBF subcommittee (currently comprised of the budget officers) is beginning to update the new RAM handbook with the goal of presenting a draft to CBF in February. The December 10 budget forum will be a webinar and a save the date has been distributed districtwide. At the next CBF meeting the group will discuss the RAM evaluation process to determine which aspects did and did not work and to identify any issues including outstanding items like chargebacks and hold harmless funding. DCC did not identify any questions or issues related to the RAM to present to CBF. One-time Funding: Vice Chancellor Williams provided the most current status update of one-time funding that would be presented to CBF on December 14. He noted the following: • Items highlighted in yellow are placeholders that don’t yet have dollar amounts, but are DCC

recommendations. • HR Automated Processes will be added and presented at the upcoming CBF meeting. • Spring 2021 backfill was approved at the November CBF meeting.

District Consultation Council Summary November 23, 2020 Page 2 of 2

• He added a placeholder for technology expenses of $1.9 million that will either need to be paid as an ongoing expense or from one-time funds.

• There is $18.8 million remaining funds, but stated that there are still funding impacts from negotiations with United Faculty and the outcome of MOUs for spring semester.

• One-time funding will continue to appear as a DCC agenda item until the funds are depleted. During the discussion, Mr. Williams addressed questions regarding the possibility of campuses forwarding one-time funding requests via CBF (yes); if there was a sense of how much the United Faculty ratified MOU would cost (approximately $345,000 with a similar figure anticipated for Adjunct Faculty United); and what the last year for hold harmless funding will be (potentially 2023-24, but it is a moving target). POLICY Board Policy to address handling complaints against members of the Board: In light of recent events, it was recommended that DCC create a policy to address complaints filed by students, staff, or the public against a Board member. Chancellor Marshall stated that the November 26 Board agenda includes a revision of BP 2715 that addresses a complaint process. Once the Board reviews the proposed revision from the Board Policy Subcommittee, it will return to DCC for further review in January. Committee members agreed to wait and review the Board draft, but emphasized that people outside of the Board and management should be able to review it and that it should include student input. ADJOURNMENT: Chancellor Marshall wished everyone a restful Thanksgiving holiday and noted that the next meeting would take place in January. The meeting adjourned at 2:31 p.m.

NOTE: Please forward this form by required dates with all backup material to the Chancellor's Office.

North Orange County Community College District

DISTRICT CONSULTATION COUNCIL Agenda Item Submittal Form Date: January 15, 2021 From: Fred Williams Re: Agenda Item for District Consultation Council Meeting of January 25, 2021 1. AGENDA ITEM NAME 2021-2022 Governor’s January Budget Proposal 2. AGENDA ITEM ACTION (Please check all that apply.)

Information Only Second Reading

Review/Discussion Action

First Reading Consent Agenda Item

3. ESTIMATED TIME REQUIRED FOR PRESENTATION/DISCUSSION: 15 minutes 4. BRIEF NARRATIVE SUMMARY OF AGENDA ITEM:

A brief overview of the Governor’s 2021-2022 Budget Proposal

5. RECOMMENDATION: Not applicable 6. OTHER PEOPLE CONSULTED, INFORMED OR ATTENDING MEETING ABOUT THIS ITEM: District Director, Fiscal Affairs



DISTRICT CONSULTATION COUNCIL Agenda Item Submittal Form Date: January 15, 2021 From: Fred Williams and Irma Ramos Re: Agenda Item for District Consultation Council Meeting of January 25, 2021 1. AGENDA ITEM NAME One-time Funding 2. AGENDA ITEM ACTION (Please check all that apply.)





The latest One-time Funding updates from the December 7, 2020 CBF meeting.

5. RECOMMENDATION: Not applicable 6. OTHER PEOPLE CONSULTED, INFORMED OR ATTENDING MEETING ABOUT THIS ITEM: Council on Budget and Facilities

North Orange County Community College DistrictOne-time Funding Discussion

DCC January 25, 2021

Districtwide Districtwide MOUs- 20-21 COVID Fall Semester 2,000,000

MOUs- 20-21 COVID Spring Semester 645,000 Student Basic NeedsEmergency PreparednessIncrease to ReservesHR Automated Processes (SIG) 131,760

Off-Schedule Salary Increases - 2020-21Faculty (Offered) 5,750,000 CSEA - 1% (Offered) 463,249 Mgmt - 1% 182,022 Confidential - 1% 15,690

SERP Payments 3,000,000

Technology Title IX -Compliance 550,000

Campus Priorities: Backfill Campuses for lost Revenue:

Fall Semester 5,000,000 Spring 2021 Semester 5,000,000

Student Success & Equity Sustainability Capital Improvements: Facilities Upgrade (including ADA) Instructional Equipment Institutional Capacity: Foundations Business Process Analysis Professional Development Outreach & MarketingDistrict Resource Allocation Model 8,000,000

Unallocated 14,398,620 Total 45,136,341

July 1, 2020 Beginning Balance 33,888,438 Estimated Hold Harmless Dollars 2020-2021 9,621,893 COVID-19 Block Grant Backfill 1,626,010 Total Available 45,136,341

Previously discussed in 2019-20

Approved at the 12/14/20 CBF meeting

Approved at the 4/13/20 CBF meeting

**Since the September 23, DCC meeting the July 1,2020 beginning balance was adjusted by $1,652,922 to balance out the 5% contingency



DISTRICT CONSULTATION COUNCIL Agenda Item Submittal Form Date: January 17, 2021 From: Cheryl Marshall, Chancellor Re: Agenda Item for District Consultation Council Meeting of January 25, 2021 1. AGENDA ITEM NAME Strategic Plan Allocation – Diversity, Equity, Inclusion, and Anti-racism (DEIA) 2. AGENDA ITEM ACTION (Please check all that apply.)





Background The Strategic Plan Fund was set up over five years ago by the Board of Trustees to support projects that would contribute to strategic directions. The $1 million allocation has not been used in the past four years. With the new Educational and Facilities Master Plan and our renewed commitment to Diversity, Equity, Inclusion and Anti-racism, now is a good time to earmark a portion of these dollars to support campus and District-wide initiatives. Approval Process • Recommendation from CBF to DCC – CBF reviewed and supported this proposal on

December 8, 2020. • Recommendation from DCC to the Chancellor • Recommendation from the Chancellor to the Board of Trustees Suggested DEIA Allocations Based on a review of the campus reports, meetings with the DEI Faculty Fellows, Campus Task Forces, UF RJEC, and discussion in Chancellor’s Staff, the following items are consistently mentioned and have been recommended as action items to address DEIA, Social Justice, and Anti-Blackness in our District. Proposed Actions and Initiatives that Require Additional Funds: • Legacy and Umoja program support • Mental health counseling • Mentoring for employees and students • Student Internships • Expansion of DEI Faculty Fellows • Expansion of the Future Instructor Training Program


• Trained Facilitators to guide discussions on DIEA (External and Internal) • Professional development • Stipends for work on selected projects at each campus Additional proposed actions may be incorporated into the above list or be completed as a part of on-going responsibilities: • Communication and Messaging Campaigns • Review of the Faculty of Color Survey and determination of next steps • Changes to Campus Safety procedures • Changes to recruitment and hiring procedures • Review of Board Policies and Administrative Procedures • Changes to evaluation processes and tools The total proposed allocation is $400,000 to be distributed as follows: • Cypress College and Fullerton College $35,000 each for Spring 2021 (funds would rollover if not spent) $110,000 each for AY 2021-2022

• NOCE $15,000 for Spring 2021 (funds would rollover if not spent) $40,000 for AY 2021-2022

• Districtwide or DS $15,000 for Spring 2021 $40,000 for AY 2021-2022

Reporting and Accountability To ensure transparency and accountability, reports from each campus and District Services would be provided to CBF, DCC, and the Board of Trustees on a quarterly basis with the first report due in April 2021.

5. RECOMMENDATION: Approve and forward to the Chancellor and Board of Trustees 6. OTHER PEOPLE CONSULTED, INFORMED OR ATTENDING MEETING ABOUT THIS ITEM: Council on Budget and Facilities



DISTRICT CONSULTATION COUNCIL Agenda Item Submittal Form Date: January 8, 2021 From: Cheryl Marshall, Chancellor Re: Agenda Item for District Consultation Council Meeting of January 25, 2021 1. AGENDA ITEM NAME Revised Board Policies

• BP 2310, Regular Meetings of the Board • BP 2715, Code of Ethics/Standards of Practice

2. AGENDA ITEM ACTION (Please check all that apply.)


Review/Discussion X Action X

First Reading X Consent Agenda Item


At a Board study session to review and discuss the District’s policy development process, four Board Policies were referred to the Board Policy Subcommittee for review. The following policies were revised by the Board Subcommittee and presented to the Board for review and input prior to being shared with the District Consultation Council. BP 2310: This policy was revised to clarify when Board meetings occur in Section 1.0; to add language in the newly created Sections 7.0 and 8.0 regarding teleconferenced meetings and procedural rules; make grammatical corrections; and to cite the corresponding policies and procedures. BP 2715: This policy was substantially revised to expand on the expectations of trustees (Sections 1.0 – 1.16); clarify the formal complaint process related to trustee misconduct (Sections 2.0 – 5.0); make grammatical corrections; include gender neutral language; and to cite the corresponding policies and procedures. Recommendations made by the Board at its November 24, 2020 meeting are highlighted.

5. RECOMMENDATION: It is recommended that upon DCC consensus, the revised Board Policies be forwarded

to the Board for their consideration. 6. OTHER PEOPLE CONSULTED, INFORMED OR ATTENDING MEETING ABOUT THIS ITEM: Board of Trustees Policy Subcommittee and Board of Trustees

North Orange County Community College District BOARD POLICY

Chapter 2 Board of Trustees

BP 2310 Regular Meetings of the Board

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Reference: Education Code Section 72000(d); Government Code 54952.2, 54953 et seq., 54961

1.0 Regular meetings of the Board shall be held the second and fourth Tuesday of each

month. The Board of Trustees will adopt a calendar of Board meetings at its annual organizational meeting. In most months the Board will meet on the second and fourth Tuesday. In some months the Board may meet only once. Regular meetings of the Board shall normally be held at the Anaheim Campus, 1830 W. Romneya Drive, Anaheim, CA, 92801 at 5:30 p.m. The calendar of Board meetings shall be published on the District website.

2.0 A notice identifying the location, date, and time of each regular meeting of the Board of

Trustees shall be posted at least ten (10) days prior to the meeting and shall remain posted until the day and time of the meeting.

3.0 All regular meetings of the Board of Trustees shall be held within the boundaries of the

District except in cases where the Board is meeting with another local agency or is meeting with its attorney to discuss pending litigation if the attorney’s office is outside the District.

4.0 All regular and special meetings of the Board of Trustees shall be open to the public, be

accessible to persons with disabilities, and otherwise comply with Brown Act provisions, except as required or permitted by law.

5.0 The Board of Trustees may adjourn any regular meeting to a later fixed date to complete

any unfinished business. At such adjourned session, the Board shall have all the powers of the preceding regular session. Notice of the adjourned meeting must be posted on or near the door of the meeting room within 24 hours of the adjournment.

6.0 Representatives of each bargaining unit of District employees, the Academic/Faculty

Senates, and administrative personnel as designated by the Chancellor will be seated at a Resource Table. These representatives may provide reports to the Board of Trustees from their respective organizations, provide input on agenda items, or serve as a resource to the Board in the discussion of issues subject to Board guidelines.

7.0 The Board of Trustees may use teleconferencing for its meetings consistent with

Government Code Section 54953(b). A teleconferenced meeting shall comply with all legal requirements pertaining to such meetings. All votes taken during a teleconferenced meeting shall be by roll call.

8.0 Matters of procedure not governed by law or Board policy shall be guided by

Robert’s Rules of Order. See Board Policy 2315, Closed Sessions; Board Policy 2320, Special and Emergency Meetings; Administrative Procedure 2320, Special and Emergency Meetings; Board Policy 2330, Quorum and Voting; Board Policy 2340, Agendas; Administrative Procedure 2340, Agendas; Board Policy 2360, Minutes; and Administrative Procedure 2360, Minutes.



BP 2310 Regular Meetings of the Board

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Date of Adoption: June 24, 2003 Date of Last Revision: June 1, 2004



BP 2715 Code of Ethics/Standards of Practice

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Reference: Government Code Section 8314; Penal Code Section 424; ACCJC Accreditation Standard IV.C.11; WASC/ACS Criterion 2, Indicator 2.1

1.0 The Board of Trustees maintains high standards of ethical conduct for its members.

Members of the Board are responsible to establish and uphold, implement and enforce all laws and codes applying to the District. The Board of Trustees recognizes a responsibility to observe all applicable legal and ethical standards of conduct in the performance of its duties. Given this basic charge, the activities and deliberations of the Board of Trustees will be governed by the following Code of Ethics:. Each member of the Board of Trustees will: 1.1 Avoid any situation that may constitute a conflict of interest and disqualify

him/herself from participating in decisions in which he or she has they have a financial interest. Conflicts of interest may relate not only to the individual trustee but also to his or her their family and or business associates, or transactions between the District and trustees, including hiring relatives, friends, and or business associates as college District employees.

1.2 Avoid any prohibited use of public resources for campaign activity or a

personal purpose, in compliance with Government Code Section 8314. 1.3 Maintain confidentiality of all Board of Trustees discussions held in closed session

and recognize that deliberations of the Board of Trustees in closed session are not to be released or discussed in public without the prior approval of the Board of Trustees by majority vote, in compliance with BP 2315 Government Code Section 54963.

1.4 Promote an atmosphere of civility and collegiality and encourage others to

do the same. 1.25 Recognize that the Board of Trustees acts as a whole and that the authority rests

only with the Board of Trustees in a legally constituted meeting, not with individual members.

1.46 As an agent of the public – entrusted with public funds – protect, advance, and

promote the interest of all citizens residents, maintaining independent judgment unbiased by private interests or special interest groups.

1.57 Do their best to ensure Ensure that the District, in compliance with all applicable

Federal and State laws, does not discriminate on the basis of race, color, national origin, ancestry, marital status, age, religion, disability, sex, or sexual orientation in any of its policies, procedures, or practices.

1.68 In all decisions hold the educational welfare and equality of opportunity of the

students of the District as his or her their primary concern; Board members should




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demonstrate interest in and respect for student accomplishments by attending student ceremonies and events.

1.79 Attend and participate in all meetings insofar as possible, having prepared for

discussion and decision by studying all agenda materials. 1.810 Make every effort to ensure that the Board of Trustees conducts Conduct all

District business in open public meetings unless in the judgment of the Board, and only for those purposes permitted by law, it is appropriate to hold a closed session.

1.911 Enhance his or her their ability to function effectively as a trustee through devotion

of time to study contemporary educational issues, as well as attendance at professional workshops and conferences on the duties and responsibilities of trustees.

1.1012 Promote and maintain good relations with fellow Board members by:

1.1012.1 Respectfully working with other Board members in the spirit of harmony

and cooperation and giving each member courteous consideration of his or her their opinion.

1.1012.2 Respecting the opinion of others and abiding by the principle of majority

rule.

1.1113 Promote an effective working relationship with the Chancellor and dDistrict staff by:

1.1113.1 Providing the responsibility, necessary authority, and support to

effectively perform their duties.

1.1113.2 Referring complaints and/or criticisms through the appropriate channels as previously agreed upon by the Chancellor and the Board of Trustees.

1.1214 Be an advocate of the District in the community by encouraging support for and

interest in the North Orange County Community College District. 1.15 Make use of an opinion disclaimer when publicly expressing personal views

while using their trustee or Board title. Such a disclaimer should clearly state that the opinions expressed are those of the trustee and do not represent those of the District or of the Board of Trustees.

1.16 Use their District email account, and avoid use of any personal email

account, for District business. 2.0 All Board members are expected to maintain the highest standards of conduct and ethical

behavior and to adhere to the Board’s Code of Ethics. The Board will be prepared to investigate the factual basis behind any charge or complaint of trustee misconduct. A Board member may be subject to a resolution of censure by the Board should it be determined that trustee misconduct has occurred. Censure is an official expression of




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disapproval passed by the Board. A complaint of trustee misconduct may be filed with the Board President or the Chancellor by any student, employee, or trustee. A filed complaint shall be shared with all members of the Board of Trustees. To be acted upon, a complaint must:

2.1 Be in writing; 2.2 Include the names of and contact information for the complainant(s); 2.3 Allege specific actions and include dates or approximate dates of such

actions; 2.4 Identify provisions of the Code of Ethics, laws, or other standards that have

allegedly been violated; 2.5 Be filed within 12 months of the alleged violation(s), or within 12 months of

the time the complainant(s) first learned of the alleged violation(s), or within any applicable statute of limitations.

3.0 A complaint of trustee misconduct will be referred to an ad hoc committee composed of

three trustees not subject to the complaint. In a manner deemed appropriate by the committee, a fact-finding process shall be initiated and completed within a reasonable period of time to determine the validity of the complaint. The committee shall be guided in its inquiry by the standards set forth in the Board’s Code of Ethics as defined in policy. The trustee subject to the charge of misconduct shall not be precluded from presenting information to the committee. The committee shall, within a reasonable period of time, make a report of its findings to the Board for action. A complaint alleging a violation of the Code of Ethics will be addressed by the Board President who will first discuss the violation with the Board member to reach a resolution and then report on the resolution. If resolution is not achieved and further action is deemed necessary, the Board President may appoint an ad hoc committee composed of three trustees to examine the matter and recommend a course of action to the Board of Trustees. The affected trustee shall be provided an opportunity to present information to the committee. Sanctions, if any, will may be determined by the Board of Trustees and may include censure, or removal from a Board officer position, or other actions of less severity. If the Board member in question is the Board President, the Board Vice President is authorized to pursue resolution and in the absence of the Board Vice President, the Board Secretary is authorized to do so.

4.0 Censure is an official expression of disapproval passed by the Board. Sanctions of

including censure or removal from a Board officer position shall require a vote of two-thirds of the members of the Board of Trustees. Less severe sanctions require a majority vote of the Board of Trustees.

5.0 The Board President and the Chancellor are authorized to consult with legal

counsel if a complaint alleges violations of pertinent laws or regulations including but not limited to those dealing with conflict of interest, misuse of public resources, and confidentiality of closed session information. Violations of law may be referred to the District Attorney or Attorney General as provided for in law.




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See Board Policy 2200, Board Duties and Responsibilities; Board Policy 2315, Closed Sessions; Board Policy 2710, Conflict of Interest; Administrative Procedure 2710, Conflict of Interest; Administrative Procedure 2715, Code of Ethics/Standards of Practice; Board Policy Board 2740, Board Professional Development; Administrative Procedure 2740, Board Education; Board Policy 3050, Institutional Code of Ethics; Administrative Procedure 3050, Institutional Code of Ethics; Board Policy 3410, Unlawful Discrimination; and Administrative Procedure 3410, Unlawful Discrimination. Also see the Community College League of California publication “The Ethical and Lawful Board of Trustees California Community Colleges” and the Institute for Local Government publication “Walking the Line: What to Do if You Suspect an Ethics Problem.” Date of Adoption: June 24, 2003 Date of Last Revision: September 14, 2016 Chancellor’s Staff November 26, 2014 Chancellor’s Staff April 24, 2007



DISTRICT CONSULTATION COUNCIL Agenda Item Submittal Form Date: January 8, 2021 From: Cheryl Marshall, Chancellor Re: Agenda Item for District Consultation Council Meeting of January 25, 2021 1. AGENDA ITEM NAME Revised AP 3720, Computer and Electronic Communication Systems 2. AGENDA ITEM ACTION (Please check all that apply.)


Review/Discussion X Action X

First Reading X Consent Agenda Item


AP 3720 was revised to reflect changes per the Community College League of California (CCLC) Policy and Procedure Legal Updates to add a section to address information security program requirements for institutions that participate in Title IV Educational Assistance Programs. Additional revisions were recommended by the Technology Coordinating Council to reflect current terminology and practice.

5. RECOMMENDATION: It is recommended that DCC review and approve revised AP 3720. 6. OTHER PEOPLE CONSULTED, INFORMED OR ATTENDING MEETING ABOUT THIS ITEM: CCLC Legal Updates Service, Technology Coordinating Council, and Chancellor’s Staff

North Orange County Community College District ADMINISTRATIVE PROCEDURES

Chapter 3 General Institution

AP 3720 Computer and Electronic Communication Systems

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Reference: Education Code Section 70902; 15 U.S. Code Sections 6801 et. seq.; 17 U.S. Code Sections 101 et seq.; Penal Code Section 502, Cal. Const., Art. 1 Section 1; Government Code Section 3543.1 subdivision (b); 16 Code of Federal Regulations Parts 314.1 et seq.; Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, 45

1.0 This procedure applies to all District students, faculty, and staff and to others granted use

of District computer and electronic communication systems. This procedure applies to all computer and electronic communication systems, either District-owned or individually owned which interfere with District operations or through operation violate District policy. For purposes of this procedure, Computer and Electronic Communication Systems include, but are not limited to, technology endpoints, electronic communication and collaboration systems, software, data, and intellectual property electronic mail, Internet and intranet service, District-operated social media sites, voice mail, audio and video communications, and facsimile messages which traverse are provided using District-owned, leased, or rented computer hardware, software, databases and telecommunications communication and collarboration systems. Campuses may adopt acceptable use procedures which are not in conflict with this procedure.

2.0 Access to Systems

2.1 District computer and electronic communication systems components, devices,

and services are District property. Any electronic device, mail address, account, or license associated with the District or assigned by the District to individuals or functions of the District are the property of the District. All electronic devices, mail addresses, accounts, and licenses and all devices connected to the District’s secured computer and electronic communication systems must meet District interface and security protocol as determined by the District. For purposes of this procedure, the word “secured” means protection of District systems and data from unauthorized use.

2.2 Access to the District’s computer and electronic communications systems is a

privilege that may be revoked or restricted by the Chancellor or designee at any time without prior notice and without the consent of the user. Some reasons for revocation or restriction of access to services include, but are not limited to, the following: 2.2.1 when required by and consistent with law, or when there is probable cause

to believe that violations of policy or law have occurred; 2.2.2 when necessary to prevent loss of evidence of violations of policy or law;

2.2.3 when necessary to prevent property damage or loss of property, or bodily

harm;

2.2.4 when necessary to prevent liability to the District;




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2.2.5 when business operational needs warrant, as determined by the District.

2.3 Computer and electronic communications systems access privileges will be granted to users on the basis of only with individually-assigned accounts which must use strong passwords. Passwords may not be transferred, shared, or converted to other individuals without explicit permission from the District.

2.43 Voice mail means an audio message transmitted telephonically between two or

more telephones systems, whether or not the message is converted to hard copy digital format after receipt and whether or not the message is heard upon transmission or stored for later retrieval. Voice mail includes telephonic messages that are transmitted through a local, regional, or global telephone network.

3.0 Privacy Disclosure and Use Disclaimer

3.1 District Electronic Communication Systems and services are District property. Any electronic mail address or account associated with the District, or any sub-unit of the District, assigned by the District to individuals, sub-units, or functions of the District, is the property of the District. Users should be aware that because of the nature of electronic communications and the public character of the District’s business, the District’s computer and electronic communication systems are not private. Routine maintenance and system administration may result in observation of the contents of files and communications. Access to District computer and electronic communication systems may be logged at the discretion of the District. District computer and electronic systems may be subject to device location tracking. Users should be aware that there is no expectation of privacy or confidentiality in the content of electronic communications or computer files sent and received data sent, received, or stored on the District’s systems or stored in the users’ directories, and therefore, users should exercise extreme caution in using electronic communications to communicate or store information of a confidential or sensitive nature. Portable devices without encryption such as laptop computers and data storage devices are especially susceptible to theft or loss and should not be used to store confidential any District information.

3.2 Electronic communications that utilize district computer and electronic

communication systems equipment, including communication records arising from personal use, whether or not created or stored on District equipment, may be presumed to constitute a District record subject to disclosure under the California Public Records Act or other laws, or as a result of litigation. Also, it It is possible for information entered on or transmitted via computer and electronic communication systems to be retrieved, even if a user has deleted such information. Users should be aware of the implications of this presumption in any decision to use district computer and electronic communication systems for personal use.

3.3 Although the District respects the privacy of users and does not routinely inspect, monitor, or disclose electronic communications, the District reserves the right to inspect, monitor, or disclose electronic communications at any time without prior notice and without the consent of the user. Reasons for inspecting, monitoring or disclosing electronic communications include, but are not limited to, the following:




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3.3.1 when required by and consistent with law, or when there is probable cause to believe that violations of District policy or law have occurred;

3.3.2 when necessary to prevent loss of evidence of violations of District policy

or law; 3.3.3 when necessary to prevent property damage, loss, or bodily harm; 3.3.4 when necessary to prevent liability to the District.

3.4 Inspection or monitoring, other than for routine maintenance and system administration, must be authorized by the Chancellor, Vice Chancellor, or College President, or Provost of the North Orange Continuing Education. Such inspection or monitoring must be limited to materials related to the investigation, and the confidentiality of the inspection must be maintained to the highest degree possible. In the event a search of an employee’s computer files is authorized, a reasonable effort must be made to secure technical assistance from a site other than the worksite of the employee whose files are being searched.

3.5 The District cannot protect users from receiving electronic communications they

may find offensive, nor can the District guarantee the authenticity of electronic communications received, or that electronic communications received were in fact sent by the purported sender. Users are responsible for materials they access and disseminate on the District’s computer and electronic communication systems.

3.6 The District assumes no responsibility for the loss of data on individual owned or District-owned Computer and Electronic Communication Systems due to computer viruses or other malicious or destructive software, or as a result of flaws in the application, or operating system, or network. software.

4.0 Acceptable Use

4.1 The District’s computer and electronic communication systems are provided to support the educational mission of the colleges, North Orange Continuing Education, and the administrative functions that support this mission, and are to be used primarily for District business-related purposes. Incidental personal use is permitted, provided that such incidental personal use conforms to this procedure and such use does not:

4.1.1 Interfere with the user’s employment or ability to perform work assignments

or those of another employee;

4.1.2 Directly or indirectly interfere with the District‘s operation of computer and electronic communication systems;

4.1.3 Burden the District with noticeable incremental cost.

4.2 Use of the District’s computer and electronic communication systems and services

is limited to the District’s students, faculty, staff, and other authorized persons. Users of the District’s computer and electronic communication systems and




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services are expected to do so responsibly and in compliance with local, state, and federal laws, as well as the policies and procedures of the District, and with normal standards of professional and personal courtesy and conduct. 4.2.1 Under no circumstance shall any employee access or alter their own

personal records, or cause another employee to access or alter their personal records. Banner self-service and myGateway functions are permissible.

4.3 The use of the District’s computer and electronic communications systems for any

of the following is prohibited:

4.3.1 Use which violates local, state, or federal law;

4.3.2 Use which violates board policies or administrative procedures; 4.3.3 Use which violates District software licensing agreements, use of software

without legal authorization, or unauthorized duplication, transmission, or use of unlicensed copies;

4.3.4 Use for private commercial purposes not under the auspices of the District;

4.3.5 Use for personal financial gain;

4.3.6 Use, other than for purposes for an authorized course of instruction or

system administration that interferes with, disrupts, causes excessive strain on, or interferes with others’ use of District computer and electronic communications systems including, but not limited to, the following:

4.3.6.1 Knowingly loading virus malicious programs onto or from any

computer systems (viruses); 4.3.6.2 Attempting or gaining unauthorized access or alteration to data,

files, emails, or passwords (hacking); 4.3.6.3 Unauthorized tampering with computing resources, including

connecting or disconnecting computer equipment or otherwise altering the set-up of any computer or network of computers;

4.3.7 Use for unauthorized advertising, campaigning, soliciting or proselytizing

for any religious or political cause, outside organization, business, or individual;

4.3.8 Use for sending defamatory, intimidating, threatening, harassing,

discriminatory, abusive, or patently offensive material to or about others, or any use that violates the District policy regarding unlawful discrimination;

4.3.9 Use that violates board policy regarding intellectual property; 4.3.10 Use for intentionally sending or accessing pornography or patently




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obscene material other than for authorized research or instructional purposes;

4.3.11 Use for unlicensed downloading, copying, or distributing of copyrighted

works such as movies or music for other than legally authorized uses, or uses authorized by the District;

4.3.12 Use for connection of non-district devices to the District’s computer and

electronic communications systems that results in a violation of this procedure;

4.3.13 Personal use inconsistent with section 4.3 of this procedure.; 4.3.14 Use which processes, stores, or transmits credit card information.

4.4 Users of the District's computer and electronic communication systems shall not give the impression that they are representing, giving opinions, or otherwise making statements on behalf of the District or any unit of the District unless authorized to do so. Where appropriate, an explicit disclaimer shall be included.

4.5 Users of the District's computer and electronic communication systems shall not employ a false identity or otherwise transmit or attempt to transmit any message which is misleading as to origination.

4.6 The District encourages the use of electronic communication systems to

conduct all communication with the community, students, faculty, staff, and business partners. Communication sent from the District or any representative acting on behalf of the District will exclusively use District provided systems. Electronic mail, facsimiles, text messages, or other data that originated or traversed District systems should not be forwarded to personal accounts while conducting District business.

5.0 District Access and Disclosure: Violations of District policies and procedures governing

the use of District computer and electronic communication systems may result in the restriction of access to District computer and electronic communication systems and appropriate disciplinary action, up to and including dismissal.

5.1 Users should have no expectation of privacy or confidentiality in the content of

electronic communications or other computer files data sent, and received, or stored on the District's computer systems. or stored in the users' directory.

5.2 Although the District does not routinely inspect, monitor, or disclose electronic

communications, the District reserves the right to inspect, monitor, or disclose electronic communications without prior notice and without consent. Reasons for inspecting, monitoring, or disclosing electronic communications include, but are not limited to, the following: when required by and consistent with law; when there is significant reason to believe that violations of policy or law have occurred; when failure to act may result in significant bodily harm, when significant property loss or damage would result, when loss of significant evidence of one or more violations of law or of District policies would result, when significant liability to the District or




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to members of the District community would result; or significant liability to business purposes, such as inspection of the contents of electronic messages in the course of an investigation triggered by indications of misconduct. Such inspections must be authorized by the Chancellor, Vice Chancellor, College or President, or Provost of Continuing Education. The inspection must be limited to materials related to the investigation and the confidentiality of the inspection must be maintained to the highest degree possible. In the event a search of computer files is authorized, a reasonable effort must be made to secure technical assistance from a site other than the site of the employee whose files are being searched.

6.0 Information Security Compliance: In accordance with the Gramm-Leach-Bliley Act

for entities that participate in Title IV Educational Assistance Programs, the District will develop, implement, and maintain a comprehensive information security program containing administrative, technical, and physical safeguards.

6.1 The Vice Chancellor of Educational Services and Technology in

collaboration with the District Director, IT Infrastructure & Operations and District Director, Enterprise IT Applications Support & Development are responsible for coordinating the District information security program.

6.2 The District shall conduct an information security risk assessment to identify

internal and external risks to the security, confidentiality, and integrity of student or District information. Risks will be assessed in each of the following areas on an annual basis:

6.2.1 Employee training and management; 6.2.2 Information systems, including network and software design, as well

as information processing, storage, transmission and disposal; 6.2.3 Detecting, preventing and responding to attacks, intrusions, or other

systems failures

6.3 Based on the results of the information security risk assessment, the District shall implement appropriate information safeguards to control the risks identified and regularly monitor the effectiveness of the safeguard’s controls, systems, and procedures.

6.4 The District will take reasonable steps to select and retain service providers

that are capable of maintaining appropriate safeguards for the District information at issue; and require service providers by contract to implement and maintain such safeguards.

6.5 The District will evaluate and adjust the information security program in light

of the results of the testing and monitoring required; any material changes to the District’s operations or business arrangements; or any other circumstances that may have a material impact on the information security program.




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76.0 Computer and Electronic System Agreement: As a condition of providing access to the District’s computer and electronic communications systems, users shall sign an agreement, in a form prescribed by the Chancellor, acknowledging that the user has read and understands the provisions of this procedure and agrees to comply with the terms stated herein.

See Board Policy 3720, Computer and Electronic Communication Systems and Administrative Procedure 6365, Accessibility of Information Technology. Date of Adoption: March 23, 2004 Date of Last Revision: April 27, 2020 District Consultation Council September 25, 2017 District Consultation Council September 26, 2016 District Consultation Council November 23, 2015 District Consultation Council April 28, 2008 Chancellor’s Cabinet




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Computer and Electronic Communication Systems Use Agreement I have been provided with, and have read District Administrative Procedure (AP) 3720, Computer and Electronic Communications Systems. I agree to comply, and assist any staff for which I am responsible for to comply, with the provisions of AP 3720 regarding the use of the District’s computer and electronic communications systems, and by any future terms and conditions of the procedure that may be developed. I understand that District computer and electronic communications systems components, devices, and services are the property of the District and that access to the District’s computer and electronic communications systems is a privilege that may be revoked or restricted at any time without prior notice and without consent of the user. I also understand that because of the nature of electronic communications and the public character of the District’s business, there is no expectation of privacy or confidentiality in the content of electronic communications or computer files sent and received on the District’s computer or electronic communications systems or stored in the users’ directories, and that the District reserves the right to inspect, monitor, or disclose electronic communications at any time without prior notice and without the consent of the user. _______________________________________________ Print Name _______________________________________________ Signature _______________________________________________ Date

District Consultation Council Meeting January 25, 2021 2 ...

Documents

Transcript of District Consultation Council Meeting January 25, 2021 2 ...