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Personal Use of University Facilities, Computers,
and Equipment by University Employees
(Approved by the President by authority of Executive Order No. 2)
1. Policy
University facilities, computers, and equipment are to be
used to support its teaching, research, service, and administrative functions.
University employees may not use state resources (including any person,
money, or property) under their official control or direction or in their
custody, for personal benefit or gain, or for the benefit or gain of any
other individuals or outside organizations. This prohibition does not
apply to the use of state resources that are reasonably related to the
conduct of official state duties or the use of resources that promote
organizational effectiveness or enhance job-related skills and do not
interfere with the employee's performance of official state duties.
a. Examples of Allowed Use
Examples of uses consistent with the University's mission
and reasonably related to the conduct of official state duties or promotion
of organizational effectiveness or enhancement of job-related skills
include but are not limited to the following:
- Occasional use of University computing resources to review University
online job postings and submit online applications for
University employment opportunities.
- Communication with appropriate other University employees to
convey greetings and announcements, and to build interpersonal
rapport (e.g., birthday greetings, birth announcements, carpool
solicitations, and social opportunities).
- Announcement of and participation in social gatherings to acknowledge
accomplishments of colleagues or celebrate holidays and events
(e.g. retirement parties and holiday gatherings).
- Development of competency in the use of information technologies
and computer resources.
- Personal student classroom work done outside of normal work hours.
- Occasional notices of charitable activities such as blood drives
and special events.
- Coordination of the Combined Fund Drive.
- De minimis use of University resources by University
Research Employees in connection with outside professional
work related to their research and technology transfer.
b. Criteria for Limited Personal Use
Occasional limited personal use of University facilities,
computers, and equipment, including email and Internet access, is permitted
only if all five of the following conditions are met (per WAC 292–110–010):
- There is little or no cost to the state;
- Any use is brief;
- Any use occurs infrequently;
- The use does not interfere with the performance of any other state employees'
official duties; and
- The use does not compromise the security or integrity of state
property, information, or software.
The following are examples of permissible personal use of facilities, computers,
and equipment if the use meets the conditions above:
- Electronic communication with children and dependents.
- Scheduling personal appointments.
- Personal use of computers for listening to news and music at
employee's workstation so long as it does not interfere with computer
access for official use and as authorized by a supervisor.
- Use of games, during breaks, that an employee does not personally
install on a University computer.
2. Responsibility for Policy and No Expectation of Privacy
University employees may make independent assessments, consistent
with this policy, of the permissibility of the use of University facilities,
computers and equipment for other than official state job purposes. University
employees are encouraged to consult with and seek approval from their
supervisors when they are uncertain about the permissibility of a use
of University resources, facilities, computers, or equipment. Supervisors
at all times retain discretion to restrict uses of state resources, facilities,
computers, and equipment in response to concerns regarding an employee's
work performance or use of University facilities, computers, and equipment
that exceeds the permissible uses outlined in this policy.
In making their decisions to make personal use of University computers
and equipment, employees are reminded that there should be no expectation of privacy
with regard to the use of University communication technologies (e.g., email, facsimile
transmissions, voicemail, and Web sites visited). For example, communications resulting
from University computers and equipment may be subject to disclosure under the Public
Records Act, in litigation involving the University, or for audit purposes.
3. Non-University Activity
University policy permits faculty, librarians, and academic
personnel to engage in outside professional work, subject to the specified
limits (University
Handbook, Volume 4, Part V, Chapter 6). Professional
and classified staff may engage in outside work activity as well, provided
such activity does not intrude into their University obligations and job
performance or conflict with the proper discharge of their official duties
(Administrative Policy Statement 47.3).
The use of University resources including facilities, computers,
and equipment for the conduct of outside work is strictly prohibited,
except as allowed in Section 3.c below for approved outside work
by University Research Employees. Using University property for private financial gain
may be a misappropriation of state funds, a violation of the state's ethics law, and
could enable state employees to compete unfairly with private businesses. Activities
that are considered University service rather than outside work, but nonetheless may
result in the award of an honorarium to the employee, are not subject to the prohibition
on the use of University resources.
a. Prohibited Use of Resources
University resources, including facilities, computers,
and equipment, may not be used for the following purposes:
- Conducting an outside business or private employment or other activities
conducted for private financial gain.
- Supporting, promoting, or soliciting for an outside organization
or group unless otherwise provided by law and University policy.
- Assisting an election campaign, promoting or opposing a ballot
proposition or initiative, or lobbying the state legislature.
- Advertising and selling for commercial purposes.
In addition, University resources, including facilities,
computers, and equipment, may not be used in any manner that is in
violation of University, state, or federal laws, rules, or policies, or
to violate the rights of any third party.
Examples of restrictions on the use of University resources,
facilities, computers, and equipment include but are not limited to
the following:
- University offices or laboratories may not be used as a place
of business for an employee's outside enterprise.
- University telephone numbers and addresses, including email and
Web addresses, may not be used or listed regarding an employee's
outside business.
- The use of University affiliations and titles in connection with
an outside business must clearly acknowledge the independent nature
of the employee's outside work from his or her University
responsibilities.
- University stationery and other office or consumable supplies
may not be used by an employee in the conduct of an outside
business.
- University computing resources and laboratory equipment may not
be used by an employee for the conduct of an outside business
or to promote an outside business.
- Personal use of any University resources, computers, or equipment
to support political activities (such as assisting a campaign
for election, promoting or opposing a ballot proposition or initiative,
or lobbying members of the state legislature), even though not
for remuneration, is not permitted.
- Personal use of University resources, computers, equipment, or
consumables that have been removed from the University or other
official duty stations, is not permitted even if there is no cost
to the state (e.g., use of University tools or equipment for home
improvement projects).
- Personal use of University resources, computers, or equipment
for product sales, even though not for remuneration, is not permitted
(e.g., online book sales or referral links to book publishers
or sales houses).
- University computing and Internet resources may not be used in
violation of federal copyright law.
b. Allowable Use of Resources
The University does possess unique laboratory or other
equipment or facilities, which, by their very nature, should be available
to private businesses for testing or examining proprietary products.
When such situations arise, authorization for the usage must be approved
through normal departmental processes (see Administrative
Policy Statement 59.5). The fair rental value of the facilities,
computers, and equipment requested, including costs and overhead, must
be established by the dean or vice president.
c. De Minimis Uses
by University Research Employees
In order to encourage the ethical transfer of technology for the
economic benefit of the state of Washington, the Washington Legislature enacted
2005 Wash. Laws Ch. 106 ("2005 Ethics Act Amendment"), which amended
the Washington State Ethics in Public Service Act ("Ethics Act") to allow
the University to develop, adopt, and implement, upon approval by the Governor,
administrative processes that apply in place of the obligations imposed on universities
and University Research Employees under specified sections of the Ethics Act. This policy
on the Personal Use of University Facilities, Computers, and Equipment by University
Employees has been adopted by the University and approved by the Governor in accordance
with the provisions of the 2005 Ethics Act Amendment codified at RCW 42.52.220(1) and 42.52.360 (2)(c).
Notwithstanding Section 3.a of this
policy, RCW 42.52.360 (2)(c) allows the University to permit acceptable de minimis uses of University
facilities and other resources by University Research Employees for the purpose of
conducting outside work activities that are related to their research and technology
transfer, or are incidental thereto. The Ethics Act recognizes that limited use of
University resources by University Research Employees for outside work purposes does
not undermine public trust and confidence and can advance the mission of the University.
This policy section clarifies and provides guidelines regarding what limited uses are permitted.
"University Research Employee" has
the meaning stated in RCW 42.52.010(21) and as further interpreted under the applicable University
policies:
University Research Employees may use their personally assigned
University resources (such as offices, telephones, and computers) as well as email
accounts, general University computer networks, Internet connections, and the library
to conduct outside work activities that are related to their research and technology
transfer, or are incidental thereto, subject to the following conditions:
- Prior to making such use in connection with outside work, the work is approved
in accordance with University policies and procedures governing outside work:
University Handbook, Volume 4, Part V,
Chapter 6 and Administrative Policy Statement 47.3,
whichever is applicable.
- There is little or no additional cost to the University;
- Any use is reasonable in duration and frequency and is the most effective
use of time or resources;<
- The use does not interfere with the performance of the official duties of
either the University Research Employee, other University employees, or
students;
- The use does not disrupt or distract from the conduct of University business
due to volume or frequency;
- The use does not disrupt other University employees and does not obligate
them to make unauthorized uses of University resources;
- The use does not compromise the security or integrity of University property,
information, or software; and
- The use does not violate any other University policy.
The following are examples of limited uses of University resources for
approved outside work by University Research Employees that are permitted under Section 3
of this policy if reasonable in duration, frequency, and impact on University business
operations:
- Making a local or toll-free call on a personally assigned University
telephone to discuss an approved outside work matter.
- Using a personally assigned University computer and email account to
correspond about an approved outside work matter.
- Meeting in a personally assigned University office with an outside
work client to discuss an approved outside work matter.
- Drafting a report or preparing a speech or presentation on a personally
assigned University computer to be submitted as part of an approved outside
work activity.
- Using an optical microscope personally assigned to and located in a
faculty member's office to view a slide relating to an outside work
matter.
- Using resources acknowledged by a supervisor to be personally assigned,
where the use meets the above limited use conditions.
- Using publicly available information or research data from the University
to carry out approved outside work.
- Doing research for an outside work project using University Internet access
and the University library, providing no additional charges are incurred.
The following are examples of uses of University resources for outside
work by University Research Employees that are not permitted under
Section 3 of this policy:
- Incurring long-distance or other toll charges on a University telephone to
discuss an outside work matter.
- Using University-purchased consumables to conduct outside work.
- Obtaining assistance from other University employees or University students
to carry out or discuss an outside work project.
- Using University laboratories, laboratory supplies, or hardware to conduct
experiments or carry out projects for outside work.
- Using equipment that is not personally assigned or is not located in the
personally assigned office to conduct outside work.
- Running tests, assays, or analyses on University laboratory equipment.
- Using University cost centers (i.e., services for which there is a charge) for
tests, assays, or analyses that are part of an outside work assignment.
- Transferring or using University-owned intellectual property as part of an outside
work assignment.
4. Reporting Violations of the Policy
University employees are directed to Administrative
Policy Statement 47.10, "Policy on Financial Irregularities and Other
Related Illegal Acts," with regard to their obligation to report misuse of
University resources, facilities, computers, and equipment. Employees who violate
published University policies regarding the personal use of University resources,
facilities, computers, and equipment, or policies regarding outside work and conflict
of interest are subject to appropriate disciplinary or corrective action, including
dismissal.
5. State Investigation and Enforcement Authority
The state Executive Ethics Board has the authority to investigate
allegations of improper use of state resources (per RCW 42.52.360),
and it is charged with enforcing laws and rules prohibiting state workers from improperly
using state resources. The Executive Ethics Board's determinations and actions are
independent of any disciplinary or corrective action taken by the University.
6. Additional Information
For additional information and clarification on the regulation of the
use of state resources, University employees are directed to the
Executive Ethics Board Web site.
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