The University aims to prevent its staff, students, visitors and contractors from having unnecessary contact with pornographic material accessed through information and communication technologies (ICT). Contact with such material may not only be offensive but could also be construed as a form of harassment. All types of harassment are unacceptable, discriminatory and, in certain circumstances, unlawful. This Code aims, in particular, to prevent and address harassment arising from the use of University ICT facilities, or ICT facilities used on University premises, to access, display, generate, distribute, forward or store pornographic material.

The University seeks to maximise the opportunities afforded by ICT for teaching, research and administration, however, these facilities must be used acceptably, responsibly and legally. In particular, using ICT facilities to access, display, generate, distribute, forward or store material which may be offensive, pornographic, obscene or abusive is unacceptable and, in many cases, illegal. All such incidents will be treated seriously and could provide grounds for disciplinary action leading to dismissal or expulsion from the University. The University takes breaches of this Code seriously and will co-operate with efforts to prosecute anyone using its ICT facilities unlawfully.

If University ICT facilities are used in connection with pornographic material, a complaint should be made to the Harassment Officer, the Confide Panel or the Security Manager who will decide if the matter should be reported to Leicestershire Police Force Vice Squad or if it can be dealt with by the University procedures outlined below.

Using ICT facilities in connection with pornographic material is unacceptable to the University and may also be contrary to a number of pieces of criminal legislation including the Obscene Publications Acts 1959 and 1964, Criminal Justice Act 1988, Telecommunications Act 1994 and the Protection of Children Act 1978.

Furthermore, using ICT facilities in connection with pornographic material also contravenes the University’s Code on Harassment and Bullying. Harassment has legal implications in various types of legislation, including Health and Safety law. If an individual finds pornographic material offensive it may cause them distress against which the University has a ‘duty of care’ to protect them. This type of harassment may make individuals feel offended, uncomfortable or embarrassed and this may prevent effective work or study performance and creativity, instead causing increased illness, absenteeism, underachievement and reduced opportunities.

This policy also helps to ensure that University staff, students, visitors and contractors conform to the University’s Acceptable Use Policy for ICT and the JANET (Joint Academic Network) Acceptable Use Policy which both define accessing or making ICT pornography available as unacceptable. If such activities are not discouraged the University’s JANET link could be suspended and this would have far reaching negative implications.

ICT pornography is understood by the University to be material of an explicit sexual nature which is made available, displayed, generated, distributed, forwarded or stored using ICT facilities such as the internet, software packages, email, storage devices, mobile telephones or computer hardware. The pornographic material may be in the form of visual texts, including photographs or moving images, such as video files including npg, avi and ram files, or written texts and may depict, for example, bestiality, paedophilia, sexual torture and incest.

The University acknowledges two exceptions to the Code outlined here. Firstly, the University is mindful that there is legitimate study and research into ICT pornography and associated issues and this is the only reason for deliberately accessing such material. Individuals must be able to show that the access is necessary to their work or studies and they are expected to exercise discretion to ensure that the spirit of both the University and the JANET acceptable use policies is not contravened. They should take great care also that the material is not stored or displayed in a way that would offend others who may come into contact with it.

Additionally, there may be incidents involving the unsolicited receipt of ICT pornography and the University would not normally discipline an individual in such circumstances. However, anybody receiving such unsolicited material should immediately contact Computing Services or their Head of Department.

Action may be taken at two levels to address complaints of ICT pornography and these are outlined below. In less serious cases, it may be sufficient that disciplinary action is taken by the appropriate University authorities, such as Systems Managers. Other cases will be referred to Leicestershire Police Force Vice Squad. A member of the Confide Panel or the Security Manager will decide on the severity of the offence. In general, the University will hand to the police incidents in which there is: pornographic material involving moving images; pornographic text or images with personal reference to the recipient; pornographic material circulated from Loughborough University to other organisations; pornographic material of a paedophile nature or containing references to bestiality. Advice on dealing with complaints about ICT pornography can also be obtained from the Security Manager or Deputy Security Manager.

Staff

Any member of staff found to have transgressed the Acceptable Use Policy with regard to ICT pornography will be subject to disciplinary action in accordance with their Conditions of Service. Disciplinary action may take the form of a verbal or written warning and, for serious misconduct, demotion, transfer or dismissal. Incidents of a more serious nature will also be referred to the Vice Squad and the University authorities will be informed.

Students

Any student found to have transgressed the Acceptable Use Policy with regard to ICT pornography will be subject to disciplinary action. If appropriate the incident may be dealt with by the Systems Manager or Head of Department in accordance with Ordinance XVII. Incidents of a more serious nature will be referred for action under the major offences procedure, or to the Vice Squad. There will be no further University action normally until the outcome of a police investigation when the Student Disciplinary Panel will consider the incident.

The Panel may impose a range of penalties, including termination of studies at the University in accordance with Ordinance XVII. Students facing disciplinary action or wishing to appeal against penalties (Ordinance XVII), may seek help from the Student Advice Centre on appropriate procedure or representation.

Incidents of ICT pornography dealt with by the University including those referred to Leicestershire Police Force Vice Squad will be monitored on an annual basis by Computing Services and the Harassment Adviser. A report containing statistical information about incidents of ICT pornography within the University will be made available to the Equality and Diversity Sub-Committee. Names of individuals and departments concerned will not be published.

The co-operation of all University staff, students, contractors and visitors is essential to ensure the success of this policy. The University is committed to acting positively to prevent and address incidents involving ICT pornography and is involved in a programme of staff training to heighten awareness about this important matter. Further information is available from the Harassment Adviser.

The University has agreed the following Codes of Practice and equal opportunities guides which are available from Human Resources.

• Code of Practice on Equal Opportunities
• Code of Practice on Harassment and Bullying
• Code of Practice on Inclusive Language
• Race Equality Policy
• Code of Practice on ICT Pornography
• Code of Practice for the Employment of Research Staff
• Policy Statement on the Employment of Ex-Offenders
• Code of Practice on Disability and Employment
• Equal Pay Policy
  

Abida Akram, Staff Development Adviser, Equality and Diversity. Email: A.P.Akram@lboro.ac.uk telephone 01509 222389.

The following people are also available to discuss cases with:

Remember that Heads of Department, Section Heads, Hall Wardens and Personal Tutors are also there to help you.

Copies of this information and other equal opportunities codes can be obtained from Human Resources.

Author:  Human Resources: June 2002  Last modified: July 2010