Common use of COMPUTER PRIVACY Clause in Contracts

COMPUTER PRIVACY. The University and the CSU- AAUP recognize the University’s right and obligation to provide the CSU community with high quality computer and network resources, to protect the security and integrity of the computer facilities owned and operated by the University, and at the same time to treat faculty electronic mail (“email”) and faculty computer files as private to the fullest extent permitted by law. The University and the CSU- AAUP agree that the rights of academic freedom and freedom of expression apply to the use of the University’s computer and network resources, as do the responsibilities associated with those rights. A. Achieving security and privacy means that it is University policy that, except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. Except in cases of emergency as noted in part (6) below, university access to faculty email, computer files or electronically stored information without the permission of the individual faculty member requires the approval of University Legal Counsel and notice to the Xxxxxxx and pertinent Xxxx in addition to the extraordinary circumstances as set forth in items (1) through (8) below. A faculty member whose email or computer file is accessed without his or her permission will be notified unless notification is prohibited by law or by the express terms of the order requiring access or if such notice may compromise or make ineffective an investigation initiated pursuant to part (8) below as determined by University Legal Counsel. Information discovered accidentally under part (5) below will not be disclosed unless it indicates that criminal or other improper conduct is occurring. The University, through the relevant system administrators, will log all instances of entry into faculty files without the consent of the individual faculty member. System administrators will also log any emergency entry within their control for subsequent review by the Xxxxxxx, Xxxx, or other university authority. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows: (1) when ordered to do so by a court; (2) when ordered to do so pursuant to a subpoena or other legally enforceable order; (3) when the email or computer file is a "public record" as defined in ORC 149.43 and a proper request is made; (4) when required to comply with the law; (5) when in the normal operation and maintenance of the University's computer facilities, staff of the Information Services and Technology department (or their staff analogues in other units of the University) inadvertently or inevitably open or otherwise briefly access an electronic mail message or computer file; (6) when emergency entry is necessary to preserve the integrity of the University’s computer and network facilities or to preserve public health and safety; (7) when the University has reasonable cause to believe that a “litigation hold” is necessary based upon knowledge by University Legal Counsel of the presentment of a claim or of a potential cause of action impacting the University. In such an instance, University Legal Counsel will so advise the affected faculty member. Following receipt of such notice, it is the faculty member’s legal responsibility to maintain copies of all email, computer files and other relevant electronically stored information until such time as the litigation hold is released, the litigation is completed or the retention time requirements under the university’s records retention policy are met, whichever comes last; or (8) when the University has reasonable cause to believe that a faculty member may be violating the law. B. A faculty member shall comply with a request from University Legal Counsel to preserve and, when necessary, produce e-mails, computer files and other electronically stored information pursuant to a litigation hold. When University Legal Counsel has reasonable cause to believe that there has been an incomplete preservation or production by the faculty member of the requested material, the following procedure will be followed: (1) The contents of the faculty member’s office computer will be copied onto a new hard drive in the presence of the faculty member or Xxxx’x designee thereby creating an image of the original hard drive. Password protection shall be placed on the original hard drive, with the password known only to the designated password trustee, who shall be present at that time. The original hard drive then will be removed from the office computer and replaced with the image copy hard drive. (2) The original hard drive will be placed in the custody of and securely stored by University Legal Counsel. (3) The University and CSU-AAUP shall mutually agree to the designation of a neutral third party who shall serve as the password trustee. The password trustee shall release the password to University Legal Counsel upon receipt of a written request specifying the extraordinary circumstance, described above, upon which the request is based and the provision of advance written notice to the Union as described in part 6 below. (4) The University and the CSU-AAUP agree that the contents of the original hard drive will be accessed only in the event of the issuance of a subpoena or other legally enforceable order (including an appropriate discovery request) or as may be required by University Legal Counsel in the evaluation of a claim or potential cause of action impacting the University. (5) The original hard drive will be reformatted in the presence of the faculty member or Xxxx’x designee following the release of the litigation hold, completion of the litigation, or satisfaction of the retention time requirements under the university’s records retention policy, whichever comes last. (6) Advance written notice shall be sent to the AAUP President, AAUP Grievance Officer and AAUP Office of a request by University Legal Counsel to access the hard drive, said request to be received at least two working days prior to the proposed access.

COMPUTER PRIVACY. The University and the CSU- AAUP AAUP-LS recognize the University’s right and obligation to provide the CSU community with high quality computer and network resources, to protect the security and integrity of the computer facilities owned and operated by the University, and at the same time to treat faculty electronic mail (“email”) and faculty computer files as private to the fullest extent permitted by law. The University and the CSU- AAUP AAUP-LS agree that the rights of academic freedom and freedom of expression apply to the use of the University’s computer and network resources, as do the responsibilities associated with those rights. A. Achieving security and privacy means that it is University policy that, except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. Except in cases of emergency as noted in part (6) below, university access to faculty email, computer files or electronically stored information without the permission of the individual faculty member requires the approval of University Legal Counsel and notice to the Xxxxxxx and pertinent Xxxx in addition to the extraordinary circumstances as set forth in items (1) through (8) below. A faculty member whose email or computer file is accessed without his or her permission will be notified unless notification is prohibited by law or by the express terms of the order requiring access or if such notice may compromise or make ineffective an investigation initiated pursuant to part (8) below as determined by University Legal Counsel. Information discovered accidentally under part (5) below will not be disclosed unless it indicates that criminal or other improper conduct is occurring. The University, through the relevant system administrators, will log all instances of entry into faculty files without the consent of the individual faculty member. System administrators will also log any emergency entry within their control for subsequent review by the Xxxxxxx, Xxxx, or other university authority. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows: (1) when ordered to do so by a court; (2) when ordered to do so pursuant to a subpoena or other legally enforceable order; (3) when the email or computer file is a "public record" as defined in ORC 149.43 and a proper request is made; (4) when required to comply with the law; (5) when in the normal operation and maintenance of the University's computer facilities, staff of the Information Services and Technology department (or their staff analogues in other units of the University) inadvertently or inevitably open or otherwise briefly access an electronic mail message or computer file; (6) when emergency entry is necessary to preserve the integrity of the University’s computer and network facilities or to preserve public health and safety; (7) when the University has reasonable cause to believe that a “litigation hold” is necessary based upon knowledge by University Legal Counsel of the presentment of a claim or of a potential cause of action impacting the University. In such an instance, University Legal Counsel will so advise the affected faculty member. Following receipt of such notice, it is the faculty member’s legal responsibility to maintain copies of all email, computer files and other relevant electronically stored information until such time as the litigation hold is released, the litigation is completed or the retention time requirements under the university’s records retention policy are met, whichever comes last; or (8) when the University has reasonable cause to believe that a faculty member may be violating the law. B. A faculty member shall comply with a request from University Legal Counsel to preserve and, when necessary, produce e-mails, computer files and other electronically stored information pursuant to a litigation hold. When University Legal Counsel has reasonable cause to believe that there has been an incomplete preservation or production by the faculty member of the requested material, the following procedure will be followed: (1) The contents of the faculty member’s office computer will be copied onto a new hard drive in the presence of the faculty member or Xxxx’x designee designee, thereby creating an image of the original hard drive. Password protection shall be placed on the original hard drive, with the password known only to the designated password trustee, who shall be present at that time. The original hard drive then will be removed from the office computer and replaced with the image copy hard drive. (2) The original hard drive will be placed in the custody of and securely stored by University Legal Counsel. (3) The University and CSUAAUP-AAUP LS shall mutually agree to the designation of a neutral third party who shall serve as the password trustee. The password trustee shall release the password to University Legal Counsel upon receipt of a written request specifying the extraordinary circumstance, described above, upon which the request is based and the provision of advance written notice to the Union AAUP-LS as described in part 6 below. (4) The University and the CSUAAUP-AAUP LS agree that the contents of the original hard drive will be accessed only in the event of the issuance of a subpoena or other legally enforceable order (including an appropriate discovery request) or as may be required by University Legal Counsel in the evaluation of a claim or potential cause of action impacting the University. (5) The original hard drive will be reformatted in the presence of the faculty member or Xxxx’x designee following the release of the litigation hold, completion of the litigation, or satisfaction of the retention time requirements under the university’s records retention policy, whichever comes last. (6) Advance written notice shall be sent to the AAUP AAUP-LS President, AAUP AAUP-LS Grievance Officer and AAUP Office of a request by University Legal Counsel to access the hard drive, said request to be received at least two working days prior to the proposed access.

COMPUTER PRIVACY. The University and the CSU- AAUP recognize the University’s right and obligation to provide the CSU community with high quality computer and network resources, to protect the security and integrity of the computer facilities owned and operated by the University, and at the same time to treat faculty electronic mail (“email”) and faculty computer files as private to the fullest extent permitted by law. The University and the CSU- AAUP agree that the rights of academic freedom and freedom of expression apply to the use of the University’s computer and network resources, as do the responsibilities associated with those rights. A. Achieving X. Xxxxxxxxx security and privacy means that it is University policy that, except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. Except in cases of emergency as noted in part (6) below, university access to faculty email, computer files or electronically stored information without the permission of the individual faculty member requires the approval of University Legal Counsel and notice to the Xxxxxxx and pertinent Xxxx in addition to the extraordinary circumstances as set forth in items (1) through (8) below. A faculty member whose email or computer file is accessed without his or her permission will be notified unless notification is prohibited by law or by the express terms of the order requiring access or if such notice may compromise or make ineffective an investigation initiated pursuant to part (8) below as determined by University Legal Counsel. Information discovered accidentally under part (5) below will not be disclosed unless it indicates that criminal or other improper conduct is occurring. The University, through the relevant system administrators, will log all instances of entry into faculty files without the consent of the individual faculty member. System administrators will also log any emergency entry within their control for subsequent review by the Xxxxxxx, Xxxx, or other university authority. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows: (1) when ordered to do so by a court; (2) when ordered to do so pursuant to a subpoena or other legally enforceable order; (3) when the email or computer file is a "public record" as defined in ORC 149.43 and a proper request is made; (4) when required to comply with the law; (5) when in the normal operation and maintenance of the University's computer facilities, staff of the Information Services and Technology department (or their staff analogues in other units of the University) inadvertently or inevitably open or otherwise briefly access an electronic mail message or computer file; (6) when emergency entry is necessary to preserve the integrity of the University’s computer and network facilities or to preserve public health and safety; (7) when the University has reasonable cause to believe that a “litigation hold” is necessary based upon knowledge by University Legal Counsel of the presentment of a claim or of a potential cause of action impacting the University. In such an instance, University Legal Counsel will so advise the affected faculty member. Following receipt of such notice, it is the faculty member’s legal responsibility to maintain copies of all email, computer files and other relevant electronically stored information until such time as the litigation hold is released, the litigation is completed or the retention time requirements under the university’s records retention policy are met, whichever comes last; or (8) when the University has reasonable cause to believe that a faculty member may be violating the law. B. A faculty member shall comply with a request from University Legal Counsel to preserve and, when necessary, produce e-mails, computer files and other electronically stored information pursuant to a litigation hold. When University Legal Counsel has reasonable cause to believe that there has been an incomplete preservation or production by the faculty member of the requested material, the following procedure will be followed: (1) The contents of the faculty member’s office computer will be copied onto a new hard drive in the presence of the faculty member or Xxxx’x designee thereby creating an image of the original hard drive. Password protection shall be placed on the original hard drive, with the password known only to the designated password trustee, who shall be present at that time. The original hard drive then will be removed from the office computer and replaced with the image copy hard drive. (2) The original hard drive will be placed in the custody of and securely stored by University Legal Counsel. (3) The University and CSU-AAUP shall mutually agree to the designation of a neutral third party who shall serve as the password trustee. The password trustee shall release the password to University Legal Counsel upon receipt of a written request specifying the extraordinary circumstance, described above, upon which the request is based and the provision of advance written notice to the Union as described in part 6 below. (4) The University and the CSU-AAUP agree that the contents of the original hard drive will be accessed only in the event of the issuance of a subpoena or other legally enforceable order (including an appropriate discovery request) or as may be required by University Legal Counsel in the evaluation of a claim or potential cause of action impacting the University. (5) The original hard drive will be reformatted in the presence of the faculty member or Xxxx’x designee following the release of the litigation hold, completion of the litigation, or satisfaction of the retention time requirements under the university’s records retention policy, whichever comes last. (6) Advance written notice shall be sent to the AAUP President, AAUP Grievance XXXX Xxxxxxxxx Officer and AAUP Office of a request by University Legal Counsel to access the hard drive, said request to be received at least two working days prior to the proposed access.

COMPUTER PRIVACY. The University and the CSU- AAUP recognize the University’s right and obligation to provide the CSU community with high quality computer and network resources, to protect the security and integrity of the computer facilities owned and operated by the University, and at the same time to treat faculty electronic mail (“email”) and faculty computer files as private to the fullest extent permitted by law. The University and the CSU- AAUP agree that the rights of academic freedom and freedom of expression apply to the use of the University’s computer and network resources, as do the responsibilities associated with those rights. A. Achieving security and privacy means that it is University policy that, except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. Except in cases of emergency as noted in part (6) below, university access to faculty email, computer files or electronically stored information without the permission of the individual faculty member requires the approval of University Legal Counsel and notice to the Xxxxxxx and pertinent Xxxx in addition to the extraordinary circumstances as set forth in items (1) through (8) below. A faculty member whose email or computer file is accessed without his or her permission will be notified unless notification is prohibited by law or by the express terms of the order requiring access or if such notice may compromise or make ineffective an investigation initiated pursuant to part (8) below as determined by University Legal Counsel. Information discovered accidentally under part (5) below will not be disclosed unless it indicates that criminal or other improper conduct is occurring. The University, through the relevant system administrators, will log all instances of entry into faculty files without the consent of the individual faculty member. System administrators will also log any emergency entry within their control for subsequent review by the Xxxxxxx, Xxxx, or other university authority. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows: (1) when ordered to do so by a court; (2) when ordered to do so pursuant to a subpoena or other legally enforceable order; (3) when the email or computer file is a "public record" as defined in ORC 149.43 and a proper request is made; (4) when required to comply with the law; (5) when in the normal operation and maintenance of the University's computer facilities, staff of the Information Services and Technology department (or their staff analogues in other units of the University) inadvertently or inevitably open or otherwise briefly access an electronic mail message or computer file; (6) when emergency entry is necessary to preserve the integrity of the University’s computer and network facilities or to preserve public health and safety; (7) when the University has reasonable cause to believe that a “litigation hold” is necessary based upon knowledge by University Legal Counsel of the presentment of a claim or of a potential cause of action impacting the University. In such an instance, University Legal Counsel will so advise the affected faculty member. Following receipt of such notice, it is the faculty member’s legal responsibility to maintain copies of all email, computer files and other relevant electronically stored information until such time as the litigation hold is released, the litigation is completed or the retention time requirements under the university’s records retention policy are met, whichever comes last; or (8) when the University has reasonable cause to believe that a faculty member may be violating the law. B. A faculty member shall comply with a request from University Legal Counsel to preserve and, when necessary, produce e-mails, computer files and other electronically stored information pursuant to a litigation hold. When University Legal Counsel has reasonable cause to believe that there has been an incomplete preservation or production by the faculty member of the requested material, the following procedure will be followed: (1) The contents of the faculty member’s office computer will be copied onto a new hard drive in the presence of the faculty member or Xxxx’x designee thereby creating an image of the original hard drive. Password protection shall be placed on the original hard drive, with the password known only to the designated password trustee, who shall be present at that time. The original hard drive then will be removed from the office computer and replaced with the image copy hard drive. (2) The original hard drive will be placed in the custody of and securely stored by University Legal Counsel. (3) The University and CSU-AAUP shall mutually agree to the designation of a neutral third party who shall serve as the password trustee. The password trustee shall release the password to University Legal Counsel upon receipt of a written request specifying the extraordinary circumstance, described above, upon which the request is based and the provision of advance written notice to the Union as described in part 6 below. (4) The University and the CSU-AAUP agree that the contents of the original hard drive will be accessed only in the event of the issuance of a subpoena or other legally enforceable order (including an appropriate discovery request) or as may be required by University Legal Counsel in the evaluation of a claim or potential cause of action impacting the University. (5) The original hard drive will be reformatted in the presence of the faculty member or Xxxx’x designee following the release of the litigation hold, completion of the litigation, or satisfaction of the retention time requirements under the university’s records retention policy, whichever comes last. (6) Advance written notice shall be sent to the AAUP President, AAUP Grievance XXXX Xxxxxxxxx Officer and AAUP Office of a request by University Legal Counsel to access the hard drive, said request to be received at least two working days prior to the proposed access.

COMPUTER PRIVACY. The University and the CSU- AAUP recognize the University’s right and obligation to provide the CSU community with high quality computer and network resources, to protect the security and integrity of the computer facilities owned and operated by the University, and at the same time to treat faculty electronic mail (“email”) and faculty computer files as private to the fullest extent permitted by law. The University and the CSU- AAUP agree that the rights of academic freedom and freedom of expression apply to the use of the University’s computer and network resources, as do the responsibilities associated with those rights. A. Achieving security and privacy means that it is University policy that, except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. Except in cases of emergency as noted in part (6) below, university access to faculty email, computer files or electronically stored information without the permission of the individual faculty member requires the approval of University Legal Counsel and notice to the Xxxxxxx and pertinent Xxxx in addition to the extraordinary circumstances as set forth in items (1) through (8) below. A faculty member whose email or computer file is accessed without his or her permission will be notified unless notification is prohibited by law or by the express terms of the order requiring access or if such notice may compromise or make ineffective an investigation initiated pursuant to part (8) below as determined by University Legal Counsel. Information discovered accidentally under part (5) below will not be disclosed unless it indicates that criminal or other improper conduct is occurring. The University, through the relevant system administrators, will log all instances of entry into faculty files without the consent of the individual faculty member. System administrators will also log any emergency entry within their control for subsequent review by the Xxxxxxx, Xxxx, or other university authority. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows: (1) when ordered to do so by a court; (2) when ordered to do so pursuant to a subpoena or other legally enforceable order; (3) when the email or computer file is a "public record" as defined in ORC 149.43 and 149.43and a proper request is made; (4) when required to comply with the law; (5) when in the normal operation and maintenance of the University's computer facilities, staff of the Information Services and Technology department (or their staff analogues in other units of the University) inadvertently or inevitably open or otherwise briefly access an electronic mail message or computer file; (6) when emergency entry is necessary to preserve the integrity of the University’s computer and network facilities or to preserve public health and safety; (7) when the University has reasonable cause to believe that a “litigation hold” is necessary based upon knowledge by University Legal Counsel of the presentment of a claim or of a potential cause of action impacting the University. In such an instance, University Legal Counsel will so advise the affected faculty member. Following receipt of such notice, it is the faculty member’s legal responsibility to maintain copies of all email, computer files and other relevant electronically stored information until such time as the litigation hold is released, the litigation is completed or the retention time requirements under the university’s records retention policy are met, whichever comes last; or (8) when the University has reasonable cause to believe that a faculty member may be violating the law. B. A faculty member shall comply with a request from University Legal Counsel to preserve and, when necessary, produce e-mails, computer files and other electronically stored information pursuant to a litigation hold. When University Legal Counsel has reasonable cause to believe that there has been an incomplete preservation or production by the faculty member of the requested material, the following procedure will be followed: (1) The contents of the faculty member’s office computer will be copied onto a new hard drive in the presence of the faculty member or Xxxx’x designee thereby creating an image of the original hard drive. Password protection shall be placed on the original hard drive, with the password known only to the designated password trustee, who shall be present at that time. The original hard drive then will be removed from the office computer and replaced with the image copy hard drive. (2) The original hard drive will be placed in the custody of and securely stored by University Legal Counsel. (3) The University and CSU-AAUP shall mutually agree to the designation of a neutral third party who shall serve as the password trustee. The password trustee shall release the password to University Legal Counsel upon receipt of a written request specifying the extraordinary circumstance, described above, upon which the request is based and the provision of advance written notice to the Union CSU-AAUP as described in part 6 below. (4) The University and the CSU-AAUP agree that the contents of the original hard drive will be accessed only in the event of the issuance of a subpoena or other legally enforceable order (including an appropriate discovery request) or as may be required by University Legal Counsel in the evaluation of a claim or potential cause of action impacting the University. (5) The original hard drive will be reformatted in the presence of the faculty member or Xxxx’x designee following the release of the litigation hold, completion of the litigation, or satisfaction of the retention time requirements under the university’s records retention policy, whichever comes last. (6) Advance written notice shall be sent to the AAUP President, AAUP Grievance Officer and AAUP Office of a request by University Legal Counsel to access the hard drive, said request to be received at least two working days prior to the proposed access.

COMPUTER PRIVACY. The University and the CSU- AAUP recognize the University’s right and obligation to provide the CSU community with high quality computer and network resources, to protect the security and integrity of the computer facilities owned and operated by the University, and at the same time to treat faculty electronic mail (“email”) and faculty computer files as private to the fullest extent permitted by law. The University and the CSU- AAUP agree that the rights of academic freedom and freedom of expression apply to the use of the University’s computer and network resources, as do the responsibilities associated with those rights. A. Achieving security and privacy means that it is University policy that, except under extraordinary circumstances described below, access by University personnel to faculty email requires the permission of either the sender or the recipient of the message. Similarly, access by University personnel to the content of a computer file in a faculty computer account or otherwise located on University computer hardware assigned to a faculty member ordinarily requires the permission of the faculty member to whom the account or hardware has been assigned. Except in cases of emergency as noted in part (6) below, university access to faculty email, computer files or electronically stored information without the permission of the individual faculty member requires the approval of University Legal Counsel and notice to the Xxxxxxx and pertinent Xxxx in addition to the extraordinary circumstances as set forth in items (1) through (8) below. A faculty member whose email or computer file is accessed without his or her permission will be notified unless notification is prohibited by law or by the express terms of the order requiring access or if such notice may compromise or make ineffective an investigation initiated pursuant to part (8) below as determined by University Legal Counsel. Information discovered accidentally under part (5) below will not be disclosed unless it indicates that criminal or other improper conduct is occurring. The University, through the relevant system administrators, will log all instances of entry into faculty files without the consent of the individual faculty member. System administrators will also log any emergency entry within their control for subsequent review by the Xxxxxxx, Xxxx, or other university authority. The only extraordinary circumstances in which University personnel may read or otherwise access faculty email or faculty computer files without the permission of an individual faculty member are as follows: (1) when ordered to do so by a court; (2) when ordered to do so pursuant to a subpoena or other legally enforceable order; (3) when the email or computer file is a "public record" as defined in ORC 149.43 and 149.43and a proper request is made; (4) when required to comply with the law; (5) when in the normal operation and maintenance of the University's computer facilities, staff of the Information Services and Technology department (or their staff analogues in other units of the University) inadvertently or inevitably open or otherwise briefly access an electronic mail message or computer file; (6) when emergency entry is necessary to preserve the integrity of the University’s computer and network facilities or to preserve public health and safety; (7) when the University has reasonable cause to believe that a “litigation hold” is necessary based upon knowledge by University Legal Counsel of the presentment of a claim or of a potential cause of action impacting the University. In such an instance, University Legal Counsel will so advise the affected faculty member. Following receipt of such notice, it is the faculty member’s legal responsibility to maintain copies of all email, computer files and other relevant electronically stored information until such time as the litigation hold is released, the litigation is completed or the retention time requirements under the university’s records retention policy are met, whichever comes last; or (8) when the University has reasonable cause to believe that a faculty member may be violating the law. B. A faculty member shall comply with a request from University Legal Counsel to preserve and, when necessary, produce e-mails, computer files and other electronically stored information pursuant to a litigation hold. When University Legal Counsel has reasonable cause to believe that there has been an incomplete preservation or production by the faculty member of the requested material, the following procedure will be followed: (1) The contents of the faculty member’s office computer will be copied onto a new hard drive in the presence of the faculty member or Xxxx’x designee thereby creating an image of the original hard drive. Password protection shall be placed on the original hard drive, with the password known only to the designated password trustee, who shall be present at that time. The original hard drive then will be removed from the office computer and replaced with the image copy hard drive. (2) The original hard drive will be placed in the custody of and securely stored by University Legal Counsel. (3) The University and CSU-AAUP shall mutually agree to the designation of a neutral third party who shall serve as the password trustee. The password trustee shall release the password to University Legal Counsel upon receipt of a written request specifying the extraordinary circumstance, described above, upon which the request is based and the provision of advance written notice to the Union CSU-AAUP as described in part 6 below. (4) The University and the CSU-AAUP agree that the contents of the original hard drive will be accessed only in the event of the issuance of a subpoena or other legally enforceable order (including an appropriate discovery request) or as may be required by University Legal Counsel in the evaluation of a claim or potential cause of action impacting the University. (5) The original hard drive will be reformatted in the presence of the faculty member or Xxxx’x designee following the release of the litigation hold, completion of the litigation, or satisfaction of the retention time requirements under the university’s records retention policy, whichever comes last. (6) Advance written notice shall be sent to the AAUP President, AAUP Grievance XXXX Xxxxxxxxx Officer and AAUP Office of a request by University Legal Counsel to access the hard drive, said request to be received at least two working days prior to the proposed access.