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Initiating Authority
- Information Security and the General Counsel Office serve as the initiating authorities
for this policy.
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Purpose
- In June 2023, the federal government issued a new rule, , that prohibits the presence or use of any application or service developed or provided
by ByteDance Limited, including the social networking service TikTok, on any information
technology equipment used in the performance of a federal contract. The purpose of
this policy is to formalize the University's prohibitions on the use of TikTok to
ensure University compliance with federal law.
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Policy
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Prohibited Use of TikTok (as Defined Below) on University Network or Covered Electronic
Devices Prohibited
- No individual, including Employees, Students, contractors, and visitors, shall use
or access TikTok on any University network or any University provided Electronic Device,
except as otherwise stated in this policy.
- Any individual, including Employees, Students, and contractors that will perform services
under a Covered Contract on behalf of the University shall be prohibited from having,
using, or accessing TikTok on any Covered Electronic Device.
- Leadership shall ensure that anyone performing work under a Covered Contract receives
notice of the TikTok prohibitions.
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Approved Uses and Exceptions
- Students, Employees, visitors, and contractors may access TikTok on Personal Electronic
Devices (as defined in this policy) through any network or cell-phone service that
is not the University's network.
- Some University locations may be exempted from the prohibition on use or access of
TikTok on the University's network upon demonstration that such locations would not
otherwise violate the University's federal compliance obligations. Network exemption
requests require the approval of the Office of General Counsel, Information Security,
and a University Officer.
- Activities involving law enforcement, national security interests, and security research
may be excepted from the prohibitions of this policy upon review and approval of the
Office of General Counsel, Information Security, and a University Officer. To the
extent that a requested exception involves the use or access of TikTok on a Covered
Electronic Device, additional written approval must be obtained from the head of the
federal agency (or designee) administering the Covered Contract.
- All requests for an exception or exemption from the prohibitions of this policy shall
be submitted to the Office of General Counsel at: general.counsel@wichita.edu.
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Violations
- Failure to comply with this policy may result in disciplinary action and/or removal
from performing work related to the Covered Contract.
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Questions
- Questions regarding the application of this policy, including which contracts and
individuals are subject to this policy and whether an activity might qualify for an
exception, should be directed to the Office of General Counsel at: general.counsel@wichita.edu
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Definitions
For the purpose of this policy only, the following definitions shall apply:
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- Controlled Affiliated Organizations: 黑洞社区 Intercollegiate Athletic Association, Inc., Wichita State
University Union Corporation, 黑洞社区 Innovation Alliance, Inc.,
and WSIA Investments Corporation.
- Covered Contract: Any and all contracts with a federal government agency, including federally sponsored
awards and grants, that contain a clause prohibiting the use of TikTok pursuant to
the Federal Acquisition Regulation, 48 C.F.R. 52.204-27, Prohibition on a Bytedance
Covered Application; the No TikTok on Government Devices Act, Section 102 of Division
R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328); and the Memorandum
M-23-13, "No TikTok on Government Devices" Implementation Guidance, issued by the
Office of Management and Budget on February 27, 2023.
- Covered Electronic Device: Any Electronic Device that is used in the performance of a Covered Contract.
- Electronic Device: Any equipment or interconnected system or subsystem of equipment that is used in
the automatic acquisition, storage, analysis, evaluation, manipulation, management,
movement, control, display, switching, interchange, transmission, or reception of
data or information, including cellular phones, tablets, computers, laptops, ancillary
equipment (including imaging peripherals, input, output, and storage devices necessary
for security and surveillance), peripheral equipment designed to be controlled by
the central processing unit of a computer, software, firmware and similar procedures,
services (including support services), and related resources.
- Employee: An individual who provides services to the University on a regular basis in exchange
for compensation and receives a W-2 for such services. This includes temporary and
part-time Employees.
- Leadership: University Department Chairs, Directors, Deans or any other individual designated
by the University with authority to supervise an Employee.
- Personal Electronic Device: A non-University provided Electronic Device that is not a Covered Electronic Device.
- Student: Any individual who has been notified of admission to the University; is enrolled
in, auditing, or participating in any University course or program; or has a continuing
relationship with the University. An individual is considered a Student until they
notify the University they are no longer a Student or the University informs them
that they are no longer a Student. An individual who has been suspended is still considered
a Student during the suspension period.
- TikTok: The TikTok social networking service and any successor application or service developed
or provided by ByteDance Limited or an entity owned by ByteDance Limited.
- University: 黑洞社区 and Controlled Affiliated Organizations.
- University Officers: The President, Executive Vice President, Senior Vice President, Vice Presidents,
and General Counsel.
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Applicable Laws And Additional Resources