Administrative Procedure 140 – Appendix B

Failure To Comply

Actions taken by the Division as a result of failure to comply with the procedure listed in Appendix A, may include, but are not limited to, the following:

  • Criminal prosecution as detailed in the computer and ICT crimes provisions of the Criminal Code of Canada.
  • Denial of ICT privileges (temporary or permanent)
  • Expulsion from a class
  • Other penalties or disciplinary actions deemed appropriate by appropriate Division personnel

Section 342.1 CC - Unauthorized Access - of the Criminal Code suggests that it is an offense to gain access to, or use, or, attempt to gain access to, or use, a ICT without authorization. As well, this section and Section 430 (1.1) CC - Mischief to Data - provides that the unauthorized alteration or destruction of data or programs may be an offense. Further, when prosecuting these offenses, the Crown prosecutor has the option of proceeding by indictment or by a summary procedure. For extremely serious cases under indictment, such as instances of accessing systems, which affect human life, penalties may be as high as life imprisonment. Financial penalties as a result of summary convictions are becoming increasingly severe. Other provisions of Section 430 hold that the willful destruction of property, damage of property or interference with the lawful use, enjoyment or operation of property is an offense and may be punishable by a maximum of ten years imprisonment.

As a result of these or other actions taken, users may be prevented from completing certain tasks or duties dependent upon access to the Division's ICT.


Adapted from Westwood Community High School’s computer lab use policy.

Adopted:

April 28, 1997

Amended:

May 10, 2005; April 15, 2013; September 21, 2016, December 30, 2021

Reference:

Section 2, 31, 32, 33, 52, 53, 196, 197, 222, Education Act

Freedom of Information and Protection of Privacy Act

Canadian Charter of Rights and Freedoms

Canadian Criminal Code

Copyright Act

I.T.I.L Standards, Alberta Education

ATA Code of Professional Conduct

Cross References:

AP 403 Duty to Report

AP 422 Teacher Growth Supervision and Evaluation

AP 445 CUPE Code of Conduct

AP 446 CUPE Discipline