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Web Policies » MU Web Policies & Guidelines » Legal and Liability
These recommendations do not constitute legal advice and are provided for general information only. For specific legal questions, please contact the University of Missouri Office of the General Counsel at 573-882-3211.
2.1 — Acceptable Use: The University of Missouri 's Acceptable Use Policy (AUP) for information technology applies to Web sites. The AUP makes reference to federal and state laws, university regulations, intellectual property rights, software licensing requirements, and prohibitions against plagiarism and obscenity. The policy includes sanctions for violations.
a. MU Web editors are responsible for understanding and complying with the AUP and other laws, rules, policies, contracts, and licenses that might be applicable to their particular sites.
b. MU Web sites shall not be used for personal commercial purposes or for personal financial or other gain. Web sites shall not state or imply that they represent the University, or use University trademarks or logos, unless so authorized.
2.2 — Accessibility: Official MU Web sites shall be accessible to people with disabilities. It is the responsibility of each MU unit and its Web page developers to become familiar with the guidelines for achieving accessibility and to apply these guidelines in designing any official MU site.
a. The Guidelines of the World Wide Web Consortium (W3C) shall be the standard for Web accessibility and Americans with Disabilities Act compliance. See the W3C Web Content Accessibility Guidelines. Also applicable is a Missouri law (RSMo Section 191.863) regarding information technology: "When developing, procuring, maintaining, or using information technology, each state department or agency, shall ensure, unless an undue burden would be imposed on the department or agency, that the information technology allows employees, program participants, and members of the general public access to and use of information and data that is comparable to the access by individuals without disabilities."
b. Priority shall be given to accessibility of Web pages with core institutional information such as admission, registration, advising, course information, and student services information. Units with sites containing this information should establish priorities for ensuring access to their pages beginning with the pages being used or requested most often.
c. Each official Web site must contain an accessible link or a person to contact if users have trouble accessing content within the site.
d. In a few instances, it may not be feasible to make a Web site fully accessible. In such instances, units must provide accessible information on the site about alternative and equivalent means of obtaining the otherwise inaccessible materials (for example, e-mailing or phoning).
e. The MU
Information Technology Committee and the Division of IT will conduct periodic accessibility audits
of MU sites, and will notify site owners if they are non-compliant
with these requirements. Site owners, so notified, will
be expected to become compliant within 60 days thereafter,
or incur sanctions, which may include removal or relocation
of the site.
2.3 — Copyright: Copyright
protection is granted by law to authors of published and unpublished
materials. MU Web sites must respect and abide by copyright law,
as well as maintain copyright ownership of the University's materials
and resources.
a. Web editors shall become familiar with copyright and fair-use requirements and obtain releases for copyrighted materials. MU has a Web page with detailed information about copyright requirements. This site includes information about policies on using campus logos and trademarks.
b. MU Web pages shall be copyrighted in a standard format.
© [year] — Curators of the University of Missouri. DMCA and other copyright information. All rights reserved.
The words "copyright information" should link to the MU Web page: http://www.missouri.edu/copyright.php and "DMCA" should link to http://www.umsystem.edu/ums/departments/is/ip/dmca/
2.4 — Privacy: Missouri courts recognize tort actions relating to invasion of privacy, including 1) publication of private embarrassing facts; 2) appropriation of name or likeness; and 3) publicly placing one in a false light. In addition, there are federal statutes governing the release or publication of personal information. Web editors shall be aware of, in particular, the Family Educational Rights and Privacy Act (FERPA), and the Health Insurance Portability and Accountability Act (HIPAA).
2.4.1 — Family Educational Rights and Privacy Act (FERPA): MU Web editors posting any information about students or "educational records" must understand and comply with FERPA. FERPA protects the privacy of the "educational records" of current and former students.
This law requires that most information about individual MU students not be disclosed without express written consent from the student. This includes:
- Sex
- Grades
- Student number
- Race / ethnicity / nationality
- Social Security Number
Disclosure of "directory information" is generally permissible, although students have the option to prevent this disclosure as well. Directory information includes:
- Sex
- Name
- Address
- Degrees and awards received
- Telephone listing
- Weight and height of members of athletic teams
- E-mail address
- Enrollment status in any past or present semester
- Dates of attendance
- Participation in officially recognized activities and sports
- Date of birth
- Place of birth
- Most recent education agency or institution attended
- Major field of study
Before posting such information on a Web site, MU Web editors must check with the MU Registrar's Office at umcunivregistrarwr@missouri.edu to be certain that the student has not exercised his or her right to restrict disclosure of this information. Additional information about FERPA is available at:
2.4.2 — Health Insurance Portability and Accountability Act (HIPAA): MU Web editors posting any individual health-related information must understand and comply with provisions of the Health Insurance Portability and Accountability Act (HIPAA). Before posting any such information, Web editors must check with the campus or Health Sciences Institutional Review Board (IRB).
a. HIPAA regulates the use and disclosure of individually identifiable health information. The law applies to health care plans, health care providers, and research at MU.
b. MU Web sites must not divulge an individual's mental or physical past, present or future health information, health care or payment for health care without permission from that individual. This prohibition includes all personal health information created or gathered through research activities. Faculty, staff, students, fellows and anyone (paid or unpaid, student or non-student) who has access to personal health information must abide by HIPAA regulations.
2.4.3 — MU Web editors must also use sound judgment by:
a. Not posting information about others that could be embarrassing or otherwise the subject of potential litigation (please also see "Defamation" below).
b. Being cautious about requesting personal information on Web forms.
c. Obtaining release forms (or documenting the attempt) from subjects of photographs before posting photographs online of people that MU or an agent of MU has taken. Download the official release form.
2.5 — Plagiarism: Plagiarism is the act of passing someone else's work or ideas as one's own.
a. MU Web editors shall not plagiarize or publish plagiarized content.
b. MU Web editors shall develop mechanisms
to ensure the accuracy and authenticity of site content, consistently
working with content contributors to properly cite the work
of others and give credit for original work.
c. When unsure about the potential risk of content, consult the UM General Counsel's Office for assistance.
2.6 — Reuse of materials: Members of
the campus community are welcome to reuse institutional public
relations material developed by departments within the University
Affairs division. These departments include Web
Communications,
News Bureau, Marketing Communications, Publications
and Alumni Communication, and Constituent Relations. Please check with the
originating department by phone or e-mail to request permission
and to obtain any instructions as to proper credit. These permissions
are routinely granted. For more information, call 884-8075.
a. Permissions: Some materials,
such as donor profiles, should be handled with care. In many
instances, a donor may give permission for his/her story and/or
photo to be used in print or on a specific Web site, but may
not be comfortable with unlimited use of the information. That
is why donors must be re-contacted by their development officer
regarding permission for additional use. The main development
phone number is 882-7703.
2.6 — Defamation & Libel: Defamation
and libel focus on statements that intentionally and fallaciously
attack a person's character. Special care must be taken when
publishing defamatory or libelous content. Certain circumstances
provide "privilege" to publishers, leaving little or no risk.
However, those circumstances vary by situation and are courses
of action are best determined by legal counsel.
a. MU Web editors must be cautious to avoid publishing materials that might be considered defamatory or libelous. A good rule of thumb is to consider how you would feel if what you posted was about you.
b. When unsure about the potential risk of content, consult the UM General Counsel's Office for assistance.
2.7 — Harassment: Harassment is behavior (word or action) directed at a specific individual with the intent to disturb or cause distress. Numerous forms of harassment can result in litigation and criminal prosecution.
a. MU Web editors must be cautious to avoid posting any content that an individual might perceive as specifically intended to harass him or her.
b. When unsure about the potential risk of content, consult the UM General Counsel's Office for assistance.
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