(a)No ownership rights to any electronic writing or other
electronic communication created by a student shall be conveyed,
transferred or otherwise affected solely as a result of the
writing or other communication being stored on an electronic
device paid for in whole or in part by the university or
transmitted or stored on the university's network.
(b)Students at the university shall have an expectation
of privacy in the electronic writings and other electronic
communications created by the student regardless of whether the
writing or other communication is stored on an electronic device
paid for in whole or in part by the university or transmitted or
stored on the university's network. The university shall not
require a student to waive or limit the student's expectation of
privacy spe
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(a) No ownership rights to any electronic writing or other
electronic communication created by a student shall be conveyed,
transferred or otherwise affected solely as a result of the
writing or other communication being stored on an electronic
device paid for in whole or in part by the university or
transmitted or stored on the university's network.
(b) Students at the university shall have an expectation
of privacy in the electronic writings and other electronic
communications created by the student regardless of whether the
writing or other communication is stored on an electronic device
paid for in whole or in part by the university or transmitted or
stored on the university's network. The university shall not
require a student to waive or limit the student's expectation of
privacy specified under this subsection. This subsection shall
not apply to writings or other communications:
(i) Publicly disclosed, released or conveyed by the
student or otherwise made available for observation by the
student in such a manner that a person would not reasonably
expect the writing or other communication would remain
undisclosed to others;
(ii) Accessed by the university in cases where there
is a technological requirement to support and maintain the
university's electronic device or network. Writings or other
communications viewed during the technological support or
maintenance of the electronic device or network shall be limited
to only those writings or other communications required to
address the specific technical issue and shall not be used or
distributed to any other person or entity unless otherwise
mandated by federal or state law.
(c) The property rights and expectation of privacy
provided in subsections (a) and (b) of this section do not apply
to a writing or other communication created by a student who is
simultaneously employed by and enrolled at the university if the
writing or other communication is created when the person is
acting in an official capacity as an employee of the university.
Nothing in this subsection shall be construed to diminish the
property rights or expectation of privacy of persons acting in
the capacity of an employee of the university.
(d) Nothing in this section shall be construed to:
(i) Impose, by operation of law, or require the
university to accept or prohibit the university from accepting
any liability or responsibility for collecting, maintaining,
storing or otherwise recording writings and other communications
created by a student;
(ii) Require the university to establish or prohibit
the university from establishing standards on the retention and
destruction of student writings and other communications.
(e) For purposes of this section, "student" means any
person currently enrolled full time or part time at the
university.