STAFF USE OF PERSONAL COMMUNICATION DEVICES | Policy Manual

7530.02 - STAFF USE OF PERSONAL COMMUNICATION DEVICES

Use of personal communication devices (“PCDs”) has become pervasive in the workplace. For purposes of this policy, “personal communication device” includes computers, tablets (e.g., iPads and similar devices), electronic readers (“e-readers”; e.g., Kindles and similar devices), cell phones (e.g., mobile/cellular telephones, smartphones [e.g., BlackBerry, iPhone, Android devices, Windows Mobile devices, etc.], and/or other web-enabled devices of any type. Whether the PCD is Corporation-owned and assigned to a specific employee or school official or personally owned by the employee or school official (regardless of whether the Corporation pays the employee or school official an allowance for his/her use of the device, the Corporation reimburses the employee or school official on a per-use basis for their business-related use of his/her PCD, or the employee or school official receives no remuneration for his/her use of a personally owned PCD), the employee or school official is responsible for using the device in a safe and appropriate manner and in accordance with this policy and its accompanying guidelines, as well as other pertinent Board policies.

Safe and Appropriate Use of Personal Communication Devices, Including Cell Phones

Employees and school officials whose job responsibilities include driving are prohibited from holding or using their device while operating a moving motor vehicle during work duties. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees and school officials shall pull off to the side of the road and safely stop the vehicle before placing or accepting a call. Reading or sending a text message, instant message or email, or browsing the Internet using a PCD while operating a moving motor vehicle is strictly prohibited. Exceptions to these prohibitions are to place a call to 911 to report a bona fide emergency or using the telecommunications device with hands-free or voice-activated technology. In cases of reporting a bona fide emergency, if possible, the driver should move to the side of the road and stop the vehicle before using the cell phone, electronic device, mobile phone, or telecommunications device. In the interest of safety for employees, school officials, and other drivers, employees, and school officials are required to comply with all applicable State laws and local ordinances while driving, including any laws that prohibit texting or holding/using a cell phone or other PCD while driving.

Employees and school officials may not use a PCD in a way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated.

Duty To Maintain Confidentiality of Student Personally Identifiable Information - Public and Student Record Requirements

Employees and school officials are subject to all applicable policies and guidelines pertaining to protection of the security, integrity and availability of the data stored on a PCD regardless of whether they are Corporation-owned and assigned to a specific employee or school official or personally owned by the employee or school official.

PCD communications, including calls, text messages, instant messages, and emails sent or received, may not be secure. Therefore, employees and school officials should use discretion when using a PCD to relay confidential information, particularly as it relates to students.

Additionally, PCD communications, including text messages, instant messages and emails sent and/or received by a public employee or school official using his/her PCD may constitute public records.

Further, PCD communications about students, including text messages, instant messages and emails sent and/or received by a Corporation employee or school official using his/her PCD, may constitute education records if the content includes personally identifiable information about a student.

Communications, including text messages, instant messages, and emails sent and/or received by a Corporation employee or school official using his/her PCD, that are public records or student records are subject to retention and disclosure, upon request, in accordance with Policy 8310 – Public Records. PCD communications that are student records should be maintained pursuant to Policy 8330 – Students Records.

It is the responsibility of the Corporation employee or school official who uses a PCD for Corporation business-related use to archive all text messages, instant messages and emails sent and/or received using his/her PCD in accordance with the Corporation’s requirements.

Finally, PCD communications and other electronically stored information (ESI) stored on the employee's or school official’s PCD may be subject to a Litigation Hold pursuant to Policy 8315 – Information Management. Employees and school officials are required to comply with Corporation requests to produce copies of PCD communications in their possession that are either public records or education records or that constitute ESI that is subject to a Litigation Hold.

At the conclusion of an individual’s employment or official service (whether through resignation, nonrenewal, or termination), the employee or school official is responsible for verifying all public records, student records and ESI subject to a Litigation Hold that are maintained on the employee’s or school official's PCD are transferred to the Corporation’s custody (e.g., server, alternative storage device). The Corporation’s IT department/staff is available to assist in this process. Once all public records, student records and ESI subject to a Litigation Hold are transferred to the Corporation’s custody, the employee or school official is required to delete the records/ESI from his/her PCD. The employee or school official will be required to sign a document confirming that all such records/information have been transferred to the Corporation’s custody and deleted from his/her PCD.

Similarly, if an employee or school official intends to dispose of, or otherwise stop using, a personally owned PCD on which s/he has maintained public records, student records and/or ESI that is subject to a Litigation Hold, the employee or school official must transfer the records/ESI to the Corporation’s custody before disposing of, or otherwise ceasing to use, the personally owned PCD. The employee or school official is responsible for securely deleting such records/ESI before disposing of, or ceasing to use, the personally owned PCD. Failure to comply with these requirements may result in disciplinary action.

If a PCD is lost, stolen, hacked or otherwise subjected to unauthorized access, the employee or school official must notify the Superintendent immediately so a determination can be made as to whether any public records, student records and/or ESI subject to a Litigation Hold have been compromised and/or lost. Pursuant to Policy 8305 Information Security and its accompanying guidelines, the Superintendent shall determine whether any security breach notification laws may have application to the situation. Appropriate notifications will be sent unless the records/information stored on the PCD were encrypted.

The Board prohibits employees and school officials from maintaining the following types of records and/or information on their PCDs or cell phones:

social security numbers
driver’s license numbers
credit and debit card information
financial account numbers
student personally identifiable information
information required to be kept confidential pursuant to the Americans with Disabilities Act (ADA)
personal health information as defined by the Health Insurance Portability and Accountability Act (HIPAA)

If an employee or school official maintains records and/or information on a PCD or cell phone that is confidential, privileged or otherwise protected by State and/or Federal law, the employee or school official is required to encrypt the records and/or information.

It is suggested that employees and school officials lock and password-protect their personally owned PCDs when not in use. If the device is school corporation-owned, it is required to password-protect their PCDs.

Employees and school officials are responsible for making sure no third parties (including family members) have access to records and/or information, which is maintained on a PCD in their possession, that is confidential, privileged or otherwise protected by State and/or Federal law.

Privacy Issues

Except in emergency situations or as otherwise authorized by the Superintendent or as necessary to fulfill their job responsibilities, employees and school officials are prohibited from using PCDs to capture, record and/or transmit the words or sounds (i.e., audio) and/or images (i.e., pictures/video) of any student, staff member or other person in the school or while attending a school-related activity. Using a PCD to capture, record and/or transmit audio and/or pictures/video of an individual without proper consent is considered an invasion of privacy and is not permitted.

The use of a PCD that contains built-in cameras (i.e., devices that take still or motion pictures, whether in a digital or other format) is prohibited in classrooms, locker rooms, shower facilities, and rest/bathrooms.

Personal Use of PCDs While at Work

Corporation employees may carry PCDs or cell phones with them while at work including while operating Corporation equipment, but are subject to the following restrictions:

Excessive use of a PCD or cell phone for personal business during work hours is considered outside the employee's scope of employment and may result in disciplinary action.
Employees are personally and solely responsible for the care and security of their personally owned PCDs. The Board assumes no responsibility for theft, loss, or damage to, or misuse or unauthorized use of, personally owned PCDs brought onto Corporation property, or the unauthorized use of such devices.

Potential Disciplinary Action

Violation of any provision of this policy may constitute just cause for disciplinary action up to and including termination. Use of a PCD in any manner contrary to local, State or Federal laws also may result in disciplinary action up to and including termination.