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Policy 10-1-4: The USA Patriot Act

Policy: Policy 10-1-4: The USA Patriot Act Date Adopted: Jan 01, 2003
Department: Public Safety Contact: Director
Statement: WNC will comply with the NSHE Policies Regarding the USA Patriot Act and other laws concerning confidentiality and lawful requests for information.

Table of Contents:

  1. NSHE Policy
  2. Procedure for Handling Requests for Information
  3. Procedure for Handling Disclosures of an Emergency Involving Immediate Danger
  4. Procedure for Initiating Law Enforcement Investigation of Computer Trespass

Section 1: NSHE Policy

  1. NSHE will comply with the USA Patriot Act and other laws concerning confidentiality and lawful requests for information. Each request for information, whether made by subpoena, court order, search warrant, or otherwise will be addressed on a case-by-case basis in conjunction with the Vice President of Human Resources and Legal Services, 775-445-4235, to ensure compliance with the law and with the policies of NSHE.

Section 2: Procedure for Handling Requests for Information

  1. In the event an individual representing himself or herself as a law enforcement representative approaches you and requests that you provide the following, do not disclose information:
    1. the content of electronic communications,
    2. any information about users of or traffic on the NSHE computer network, or
    3. library records that contain the identity of the user and the books, documents, films, recordings, electronic communication, or other property of the library s/he used.
  2. Even though the individual may present written authorization for the information in the form of a subpoena, a court order, or otherwise, do not disclose any information.
  3. Immediately contact the Director of Computing Services, 775-445-3249 and the Vice President of Human Resources and Legal Services, 775-445-4235 who will handle the request.
  4. If the above individuals are unavailable, immediately contact the Director of Library and Media Services, 775-445-4246, who will contact the Vice President of Human Resources and Legal Services, 775-445-4235, for guidance.
  5. In the event the individual presents a search warrant, begin complying with the search warrant and immediately contact the Director of Public Safety, 775-721-3132 or 775-445-3308, for the Carson Campus; Dean of the Fallon Campus, 775-423-2224, and the Administrative Assistant for Library and Media Services, 775-782-2413, for the Douglas Campus; and Vice President of Finance and Administrative Services, 775-445-4231,
    1. If the above individuals are unavailable, immediately contact the Vice President of Finance and Administrative Services, 775-445-4231, for the Carson Campus; Assistant Director of Counseling Services, 775-423-2239, for the Fallon Campus; and the Academic and Student Affairs Coordinator for the Douglas Campus, 775-782-2413, for the Douglas Campus, who will contact the Vice President of Human Resources and Legal Services, 775-445-4235, for guidance.
  6. Do not discuss the request for information with anyone other than those individuals identified in this procedure without the authorization of the Vice President of Human Resources and Legal Services, 775-445-4235.

Section 3: Procedure for Handling Disclosures of an Emergency Involving Immediate Danger

  1. In the event you, in the course of your employment, reasonably believe that you have accessed information about an emergency involving immediate danger of death or serious physical injury, you must immediately contact the local police department at 911 and provide them the information.
  2. Immediately after contacting the police, contact the Vice President of Finance and Administrative Services, 775-445-4231; the Vice President of Student and Academic Affairs, 775-445-4431; the Vice President of Institutional Advancement, 775-445-3239; and the Vice President of Human Resources and Legal Services, 775-445-4235.
    1. If those individuals are unavailable, immediately contact the WNC President, 775-445-4450.
  3. Do not discuss the information with anyone other than those individuals identified in this procedure without the authorization of the Vice President of Human Resources and Legal Services, 775-445-4235.

Section 4: Procedure for Initiating Law Enforcement Investigation of Computer Trespass

  1. Any employee who knows or believes that the computer system has been compromised by a computer trespasser must immediately report the matter to the Director of Computing Services, 775-445-3249.
  2. If that individual is unavailable, the employee must report the matter to the Network Support Specialist, 775-445-3321, for the Carson or Douglas Campus; or the Network Support Specialist, 775-423-2272, for the Fallon Campus; or in his or her absence the Vice President of Finance and Administrative Services, 775-445-4231, who will consult with the President, who after consultation with the Vice President of Human Resources and Legal Services, 775-445-4235, will decide whether to report the matter to law enforcement.
  3. The employee shall not discuss the matter with anyone other than those individuals identified in this procedure without the authorization of the General Counsel.
Date(s) Revised September 2, 2008; May 11, 2004; Date(s) Reviewed