I. Overview
A. Wingate High School (WHS) is providing network and Internet access to the students and staff of WHS.  The Office of Indian Education Programs (OIEP) and the Department of Interior (DOI) Network provide the Internet services to WHS.
B. The use of the WHS network and related services such as e-mail and Internet access is a privilege extended to the staff, students, and guests of WHS.   This policy, the student handbook, the employee handbook, and the Federal Employee Guidelines guide use of the network.
C. The network is designed, installed and operated for educational purposes.   "Educational purposes" are defined as classroom activities, professional or career development and limited, high-quality personal research.  It may also be used for the operation of WHS programs.
D. The term 'Network' refers to the complete collection of hardware and software that make up the WHS network.  That includes the servers, network wiring and connections, computer workstations, printers, display units, installed software and applications, and related hardware items such as scanners and cameras.
E. This Acceptable Use Policy (AUP) explains responsibilities when using the network and the Internet and consequences of abusing the privilege.  Every user is required to agree to and sign this AUP before using the WHS computers and network.  Signing this AUP becomes an agreement between the school, the school staff, the student, and the student's parent or guardian.
F. Every user is required to read, agree to, and sign this AUP before using the computer network and services
G. This policy has been approved and adopted by the Wingate Board of Education.

1. Loss of data stored on the network.
2. Interruption of service.
3. Accuracy or quality of information obtained or stored on the network.
4. Financial obligations resulting from unauthorized use of the network.

III. Security and Privacy
A. All data and personal files are property of WHS.
B. Routine maintenance and monitoring of the system may lead to discovery that a user has been or is violating this AUP, the student code, the employee code, New Mexico, or Federal laws.

A. Guidelines for all users
1. The WHS Network is built and maintained for Educational Purposes
2. Each user may use only their own account and password to access the network
3. All users are expected to use the network in a safe, responsible manner
4. All users are to use the computers with care and respect
5. Users may store only school related materials in their home drive
6. Students are to limited to 60 MB of storage space in their home drive.


B. Prohibited activities on the WHS Network

1. “Minor” violations
a) Internet Violations
i. Communicating using e-mail or network during class time
ii. Game playing either on the local computer or on-line (Internet)
iii. Viewing or participating in any 'Chat Room' activity
iv. Conducting any kind of personal business transactions such as:
1. Solicitation or advertising for a business
2. Advertising, buying, or selling of goods for sale
3. Bank or stock verification/transactions
v. Participation in gambling and/or lotteries
b) Network Violations
i. Student use of a computer when no staff member is present
ii. Game playing either on the local computer or on-line
iii. Installation of any programs not directly authorized by the technology department
iv. Adjusting or changing computer settings without permission
2. “Major” Violations
a) Use of another user’s account
b) Moving, deleting, or changing files or folders not your own
c) Removing or damaging computer hardware


C. Inappropriate use of the Network and Internet.

1. Viewing unauthorized materials, images and/or websites is prohibited
• This includes but is not limited to materials that:
a) Show, depict, suggest or imply illegal activity, drug use, or gambling
b) Show or encourage violence against a living being or physical property
c) Show adult oriented material, including nudes or images that show or suggest sexual acts
d) Show provocative or explicit dress (or undress)
2. Storage of inappropriate materials on the school network is prohibited
a) This includes any items described in section C1 above and adds but is not limited to the following:
b) Copyrighted materials such as music (.wav )  and other multimedia files that have been recorded from a copyrighted CD, tape or other media.  **Please learn what is and what is not acceptable copyright use**

A. All WHS staff are responsible to model good and acceptable network and Internet use.  This includes observing applicable copyright laws and good 'Netiquette'.
B. Teachers are responsible for instruction regarding proper use before any student is allowed on the network and gains access to the Internet.  Internet use during student contact time should be related to class learning objectives.
C. WHS Teachers are expected to prepare lessons and lesson plans before having students use the Internet.  This includes instruction in what is expected and appropriate.  Most importantly it requires pre-researching the Internet sites that will be used as instructional resources.
D. WHS teachers will have access to student 'home' drives to allow them to view student work.   Teachers should occasionally monitor their student's home drive for inappropriate materials.  This network connection is the T:\ drive.
E. All staff - Teachers, Residential, and Administrative - are responsible for monitoring student activity on the school network.  If a student is on a computer in a classroom, lab, office, or dorm, the staff member assigned to that group of students is responsible for the monitoring and oversight of the network and Internet activity.
F. A staff member may request that a student lose network and/or Internet privileges for ignoring or failing to respond to requests.
G. There are over 300 computers installed specifically for student use on the WHS campus.  The use of staff or administrative computers by students is strongly discouraged.

i) They must not share accounts
ii) They must not reveal their password to another user
iii) They must request a password change if the password is discovered by another user

A. The student's parent or guardian will be sent a copy of any technology incident report
B. Violation of section IV-B-1 above (WHS Code 40, 41 – “Minor” Violations)
1. First Offense - Loss of Network access for 4 weeks
2. Second Offense - Loss of Network access for 9 weeks
3. Third Offense - Loss of Network access for 2 quarters (18 Weeks)
C. Violation of section IV-C-1 above (WHS Code 400, 401, 402 – “Major” violations)
1. First Offense - Loss of Internet access for 9 weeks
2. Second Offense - Loss of Internet access for the school year
3. Third Offense - Loss of Internet access for the remainder of attendance at WHS
D. Violation of section IV-B-2 or C-2 above (WHS Code 400, 401 - "Major" violations)
1. First Offense - Loss of Network access for 9 weeks
2. Second Offense - Loss of Network access for the school year
3. Third Offense- Loss of Network access for the remainder of attendance at WHS
E. Certain major violations may lead to more severe penalties and legal action
1. Repeatedly ignoring and refusing to do what a staff member asks (WHS Code 34, 35)
2. Making threats toward another person
3. Removing or damaging any part of a computer or the WHS computer network (WHS Code 200, 307)

A. First offense
    (1) Verbal Warning
B. Second offense
    (1) Written "Letter of Warning"
C. Third offense
    (1) Letter of Reprimand
D. Fourth offense
    (1) Administrative action as defined in Federal Employee Guidelines

IX. Appendix 1 - WHS Computer Lab and LAN policies
You are to use the computers on the WHS campus for Educational Purposes Only
***Any computer use should be related to your schoolwork or job***
• NO GAMES - either on the computer or from the Internet
• You are to use only your own account and password
• No Food or Drinks in the computer labs or near the computers
• Teachers must accompany their students to the lab and remain with them for the duration of the lab visit
• Teachers are responsible for monitoring student activity
• Teachers may only sign up for ONE lab at a time - a class may not be divided between two labs at the same time
• Do not attempt to install any software or programs on the WHS computers
• Copying recorded music from a CD or the web to your computer or home drive is a violation of copyright laws
• Students - if you want your work printed, ask your teacher or the Lab Supervisor to print it for you from your home drive.

I have read and I understand the Wingate High School Internet Use Policy and agree to obey it in full. I know that if I choose not to obey any part of this Policy, penalties will be according to the BIA Employee handbook 62 BIAM guidelines.  I know that misuse can be documented in my staff evaluation.

As a WHS staff member, I understand that I have responsibilities to model proper Internet use and supervise student Internet use in all settings. I will instruct students on acceptable use of the Internet and proper network etiquette. I understand my responsibilities to design lessons or other student activities if I am using the Internet. I know that I am not to use the Internet for personal use during student contact time. I may also have to show community members how to use the Internet. I will attend staff training on Internet use as needed.

I know that Wingate High School can monitor my Internet use. I also understand that if I do anything illegal using the school network or Internet, that the school may contact legal authorities.

 I have read pages 60, 61, & 62 of the WHS Employee Handbook

____________________________________     _________________________________   ________________
(Print your name here)              (Signature Here)              (Date)

XI. Student User Agreement:
I have read and understand the Wingate High School Acceptable Use Policy.  I agree to obey it in full.  I know that if I choose not to obey any part of this Policy, I will lose my rights and privileges to use the Wingate High School network as outlined above.  I know that Wingate High School can monitor, log, and record my Internet use.  I also understand that if I do anything illegal using the school network or Internet, that the school may contact legal authorities.

(Check one box, print your name, and sign your name)

 I have explained this policy to my parent or guardian, who has signed below.

 I am over the age of 18, and I sign as an adult. - (18 or older - Date of Birth ____________________ )
 

_____________________________________________
(STUDENT - print your name here)

_____________________________________________  ________________
(STUDENT - sign your name here)                                         (Date)

Parent or Guardian Agreement

I am the parent or guardian of the student,   _____________________________________________________.
I have read the Wingate High School Acceptable Use Policy and discussed it with my child. I give permission for WHS to give my child an account to use the Internet.  I understand my child’s privileges and responsibilities in using the Internet at school.

I understand that WHS allows students to use the Internet for schoolwork.  I know that it is possible that my child may find information on the Internet that is not appropriate even though the school does try to block those materials. I will not hold the school responsible if my child disobeys this policy.  I also understand that I have permission to use the Internet at Wingate High School, if space allows, and I am not disturbing class.
 

______________________________________________
(PARENT/GUARDIAN - print your name here)

____________________________________
(Your relationship to the student)

_____________________________________________ _________________
(PARENT/GUARDIAN - sign your name here)                   (Date)

 § 22-24-55. Public schools to restrict access to obscene materials on public access computers.
 Any public school that provides a public access computer shall do one or both of the following:
 (1) Equip the computer with software that will limit minors' ability to gain access to obscene materials or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials;
 (2) Develop and implement by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.
 Source:  SL 1999, ch 76, § 1.

§ 22-24-59. "Public access computer" defined.
 For the purposes of §§ 22-24-55 to 22-24-59, inclusive, a public access computer is any computer that is located in a public school or public library.
 Source:  SL 1999, ch 76, § 5

§ 97-29-103. Definitions.
(1)  Material or performance is obscene if:
(a) To the average person, applying contemporary community standards, taken as a whole, it appeals to the prurient interest, that is, a lustful, erotic, shameful, or morbid interest in nudity, sex or excretion; and
(b) The material taken as a whole lacks serious literary, artistic, political or scientific value; and
(c) The material depicts or describes in a patently offensive way, sexual conduct specifically defined in subparagraphs (i) through (v) below:
 (i) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
 (ii) Acts of masturbation;
 (iii) Acts involving excretory functions or lewd exhibition of the genitals;
 (iv) Acts of bestiality or the fondling of sex organs of animals; or
 (v) Sexual acts of flagellation, torture or other violence indicating a sadomasochistic sexual relationship.
 (2)  Undeveloped photographs, molds, printing plates and the like shall be deemed obscene material, notwithstanding that processing or other acts may be required to make the obscenity patent or to distribute it.
 (3)  "Performance" means a play, motion picture, dance or other exhibition performed before an audience.
 (4)  "Patently offensive" means so offensive on its face as to affront current community standards of
 decency.
 (5)  "Wholesale distributes" means to distribute for the purpose of resale.
 (6)  "Material" means any book, magazine, newspaper, advertisement, pamphlet, poster, print, picture, figure, image, drawing, description, motion picture film, phonographic record, recording tape, video tape, or other tangible thing producing, reproducing or capable of producing or reproducing an image, picture, sound or sensation through sight, sound or touch, but it does not include an actual three-dimensional sexual device as defined in Section 97-29-105.

 Sources: Laws,  1983, ch. 498, § 2, eff from and after July 1, 1983

§ 1363. Obscenity; presumption.
 A person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.
(11 Del. C. 1953, § 1363; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.)