Office of General Counsel

Law Restricts Employee Use of University Equipment to View Sexually Explicit Materials

 

Arizona Law

Limited Uses Approved

Additional Approval

Spam

 

Arizona Law

Effective September 18, 2003, Arizona law will allow for the dismissal or discipline of state employees who use state-owned equipment to view material or services that depict nudity or sexual activity, unless the employee has the authorization of the agency head. The statute governs all ASU employees, including student employees.

Under A.R.S. § 38-448, unless an ASU employee has authorization from the university President, the employee is prohibited from knowingly using ASU owned or leased computer equipment to access, download, print or store any files or services that depict nudity, sexual activity, sexual excitement, or ultimate sex acts.

Limited Uses Approved

In a document titled "Approved Use of University Computing and Communication Equipment," President Crow has authorized certain employees to access these materials in connection with their academic duties or university administrative functions. Uses outside of this scope may result in sanctions.

Under the current Presidential Approval, the following individuals may access otherwise prohibited material, but only to the extent that the access is related to their academic appointment or job duties at ASU:

  1. All employees with academic appointments, student research and teaching assistants, and employees performing duties related to university academic functions, as authorized by a department chair, dean or director or provost;
  2. All employees whose job duties include the provision of physical or mental health services;
  3. All employees whose job duties include the monitoring, management, or servicing of ASU computing or communication media, systems or devices;
  4. All employees whose job duties include the analysis of legal issues or the investigation of allegations of misconduct; and
  5. All employees of campus museums, media services, libraries, and ASU Public Events.

Procedures for responding to allegations of misconduct and applicable sanctions are those set forth in existing ASU employment policies. Approval granted pursuant to A.R.S. §38-448 does not authorize any person to perform any act that is otherwise illegal under federal or state law.

Additional Approval

Employees who are not covered by this approval may seek approval from the head of their academic or administrative unit for activities related to their job duties. Any approval must be on a form approved by the ASU Office of General Counsel (OGC), and a signed copy of the form should be filed with the OGC.

Spam

The university recognizes that employees may receive an unsolicited e-mail (spam) that depicts nudity, sexual activity or other content restricted by this statute. The university does not intend to impose sanctions against employees who delete or ignore unsolicited e-mail when they recognize that the content is not related to legitimate university business or is otherwise regulated by this statute.

Employees may wish to enable spam filtering available. University Technology Office's Help Center Web site contains information about unsolicited e-mail and steps users can take to reduce the amount of unsolicited e-mail they receive. Search "spam" and/or "spam filter" for the list of relevant articles.


Some of the legal material found at this site has been abridged from laws, regulations, court decisions, administrative rulings, ABOR and ASU policies and other sources. Further details may be necessary for complete analysis and understanding in particular matters. The information contained at this site, and related links, is not a substitute for professional legal counsel. Any discrepancy between the information at this site and ASU policy is not intended to alter or amend official ASU policy or procedure.

Any links to non-Arizona State University information are provided as a courtesy. They are not intended to nor do they constitute an endorsement by the Arizona Board of Regents or Arizona State University of the linked materials.