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Computer porn leads to U.Va. employee firings

The University publicly issued a warning and dismissed two employees this semester after fellow employees reported they had used University computers to view and download pornography.

A Dining Services employee was arrested in February and charged with 10 counts of possession of child pornography, the University reported in its warning issued April 11.

Cases of suspected possession or viewing of child pornography, which is federally outlawed, are immediately turned over to the police. Viewing any sexually explicit material on the job violates University policy and Virginia law.

"It's against state policy, it's a waste of state time and resources, and it creates a negative work atmosphere," University Director of Audits Barbara Deily said.

Recently, efforts have been made to remind University employees of expectations for computer usage, including a letter published in Inside U.Va.

"This most recent case reminded us that we need to remind employees what these policies are," University spokesperson Carol Wood said.

While the University currently does not monitor its employee's computer usage, auditors are exploring the possibility of using random spot checks to deter such computer abuse.

"Up until now we have only done it when we've received a complaint," Deily said. "Given that we've had some situations, there's the possibility of random checks."

The implementation of such a program is not imminent and the details have yet to be worked out.

"I haven't really given any thought to how we would approach it," Deily said, adding that if such a program were developed, it probably would include all employees.

Monitoring technology use of employees has legal precedent, said Law Prof. Robert O'Neil, director of The Thomas Jefferson Center for the Protection of Free Expression.

"We as University and state employees have a limited, somewhat tenuous claim to privacy when we use the University hardware and some would say even when we use the University system for Internet access," O'Neil said. "Now that doesn't mean that an employer can or should be able to invade anyone's personal e-mail."

Employees acknowledged they are made aware of limitations on their electronic privacy at work.

"It's been known and accepted widely since we've had computers at our desk that we're not supposed to be doing any personal business on the computer," Faculty Senate Chair Marcia Childress said.

Despite a policy that grants the University access to employee files, according to Deily the University only investigates suspected cases when another employee files a complaint or an ITC employee discovers pornography in the process of servicing a computer.

"What we're trying to do now is get out information and let people know that it's inappropriate to do this kind of thing," Deily said. "We'd rather have people doing the right thing then catch them doing the wrong thing. I would encourage appropriate behavior."

Some said this policy makes the University's protection of employee privacy relatively broad.

"The privacy policy I think is reasonably protective as compared to the policies of most employers," O'Neill said.

The University also receives a dispensation that allows researchers access to obscene or sexually explicit material if it is part of an approved research project, O'Neil said.

If there is a report of abusive use of computers, the auditor receives permission from the University vice-president who oversees the suspect employee. Information Technology and Computing employees then are able to investigate and declare the charges unfounded or report violations to supervisors. Sanctions depend on the severity of the violation, including the quantity and explicitness of files, and can range from a warning to dismissal, Deily said.

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