I.            POLICY

 

              In support of the University's mission of teaching, research, and public service, UCSD provides video services to on-campus student residences and to some campus buildings by means of a two-way, hybrid fiber optic co-axial cable system called Triton Cable Network, (herein called Network).  The Network includes a number of video channels, some of which are used by campus departments that operate broadcast television stations.  Access to the Network by campus departments for broadcasting is contingent upon adherence to this policy.

 

              A.       Access to the Network

 

                       Campus departments may request a channel on the Network for the purposes of broadcasting.  Requests should be submitted to Administrative Computing and Telecommunications (ACT), which oversees the administration of the Network.  Access to the Network will be allowed only after review and approval by the Assistant Vice Chancellor Administrative Computing and Telecommunications based on the best interests of the University.

 

              B.       Inappropriate Use of the Triton Cable Network

 

                       Misuse of the Network is strictly prohibited.  Examples of misuse of the network include, but are not limited to, the following activities:

 

                       1.       Violation of applicable federal or state laws and campus regulations.

 

                                 Violations under this paragraph include, but are not limited to, (a) the broadcast of threats, harassment, defamation, and obscenity; and (b) theft of or unauthorized access or use of University resources.

 

                       2.       Copyright infringement

 

                       3.       Paid advertising

 

                                 No paid advertising may be accepted in connection with the use of the Network.

 

                       4.       Broadcast of Indecent Language and Material

 

                                 Broadcasts of indecent language or material are prohibited between the hours of 6:00 a.m. and 10:00 p.m. 

 

                                 As used in this policy, the term “indecent language or material” has the same meaning as the current definition used by the Federal Communications Commission (FCC).  According to the FCC, indecent language or material, in context,  depicts or describes sexual or excretory activities or organs in terms patently offensive as measured by contemporary community standards for the broadcast medium. 

 

                                 Any violation of this specific policy will be based on the FCC regulations that are in effect at the time of the violation (see http://www.fcc.gov/eb/oip).

 

                       5.       Use of Profanity

 

                                 Broadcasts of profane language are prohibited between the hours of 6:00 a.m. and 10:00 p.m. According to the FCC, profane language includes those words that are so highly offensive that their mere utterance in the context presented may, in legal terms, amount to a “nuisance.” Depending on the context, the “F-Word” and those words (or variants thereof) that are as highly offensive as the “F-Word” are considered to be “profane language” that cannot be broadcast between the hours of 6:00 a.m. and 10:00 p.m.

 

                                 Any violation of this specific policy will be based on the FCC regulations that are in effect at the time of the violation (see http://www.fcc.gov/eb/oip).

 

                       6.       Graphic Depictions of Sexual Activity Involving Nudity

 

                                 Broadcasts of graphic depictions of sexual activity involving nudity are prohibited at any time.  As used in this policy, the term “graphic depictions of sexual activity involving nudity” means clearly portrayed images of a person’s or persons’ sexual organs engaged in sexual activity such as but not limited to intercourse, fellatio, cunnilingus, or masturbation.  

 

                       7.       Other Restrictions

 

                                 The Network may not be used for:

 

·                 unlawful activities;

·                 commercial purposes not under the auspices of the University;

·                 personal financial gain (except as permitted under applicable academic personnel policies);

·                 personal use inconsistent with that authorized by this policy; or

·                 use that violates other University or campus policies or guidelines.

 

II.           Enforcement of the Network Acceptable Use Policy

 

              Complaints regarding possible misuse of the Network by a campus department should be reported to the Assistant Vice Chancellor Administrative Computing and Telecommunications within 14 days of the incident.  Complaints regarding a campus department will be investigated by the Vice Chancellor office that is affiliated with the department.

 

              Campus departments in violation of this policy will be notified in writing by the Vice Chancellor office affiliated with it.  Within five (5) calendar days of this notice, the campus department must reply in writing and identify the actions it will take to prevent recurrence of the violation.

 

              Departments that do not respond to this request and departments that are unable to prevent a recurrence of a violation of this policy may be subject to sanctions by the University.  Sanctions may include written warnings, temporary suspension of Network access, or indefinite suspension of Network access depending on the severity of the violation.  Additionally, individuals responsible for the violations of this policy may be subject to disciplinary action under University regulations, and criminal prosecution under applicable statutes. 

 

              The University reserves the right to disable access to the Triton Cable Network without notice to halt or prevent suspected violations of this policy.

 

III.          Recourse for Enforcement Actions Taken under Section II

 

              Any person seeking review and/or appeal of enforcement actions taken under Section II. of this policy may initiate proceedings for review as follows:

 

              A.       For students, pursuant to UCSD Policies & Procedures Applying to Student Activities:

 

                       Section 22.00         Student Conduct and Discipline 

                       Section 23.13         Grievance Resolution Process

 

              B.       For faculty members who are not members of the Academic Senate, under

                       Section 140 of the "Academic Personnel Manual."

 

              C.       For faculty members who are members of the Academic Senate, under

                       Bylaw 230 of the "Bylaws of the San Diego Division of the Academic Senate."

 

              D.       For employees covered by the Personnel Policies for

                       Staff Members, under Policy 70 Complaint Resolution;

                       Appendix II for Senior Managers; and

                       Collective Bargaining Contracts(Memoranda of Understanding) as applicable.

 

              E.       For other allowable users (including academic and staff employees covered by a Memorandum of Understanding), informally with supervisor or department chair.