Policies Regarding Online Access to Sexually Explicit Materials

These policies have been developed to assist staff who must respond to complaints, or who themselves have concerns, about library patrons accessing sexually explicit materials from library computers. This situation involves a delicate balance between the Library’s commitment to First Amendment values and its interest in protecting patrons and staff from involuntary exposure to sexually explicit materials. Any questions or concerns about specific situations should be brought to the attention of an immediate supervisor or the library administration.

The Library does not censor the research or scholarly activities of adult patrons.
The Library will regulate the time, place, or manner of the viewing of sexually explicit materials when such viewing interferes with the rights of other library patrons or staff due to display of such materials in direct public view.
Patrons viewing sexually explicit material in public view will be asked to cease this activity unless the patron demonstrates that research or scholary work is involved. In such situations, the patron should be asked to move to a less public location that does not expose other library patrons or staff to the involuntary viewing of the material. Library staff shall make the request in non-confrontational manner.
If a patron does not respond favorably to such a request or engages in inappropriate conduct, call the police.
The possession or transmission of child pornography is illegal under section 18.2-374.1 of the Code of Virginia. Call the University Police to address situations involving potential violation of this criminal statute.
University employees should be aware of special state laws prohibiting state employees from using publicly owned computers to view sexually explicit materials. Pertinent policies published on the University’s website are found below:

Restrictions on State Employee Access to Information Infrastructure (especially to information with sexually explicit content)

From Code of Virginia § 2.2-2827. (Effective October 1, 2001)

Restrictions on state employee access to information infrastructure.

For the purpose of this section:

"Agency" means any agency, authority, board, department, division, commission, institution, public institution of higher education, bureau, or like governmental entity of the Commonwealth, except the Department of State Police.

"Information infrastructure" means telecommunications, cable, and computer networks and includes the Internet, the World Wide Web, Usenet, bulletin board systems, on-line systems, and telephone networks.

"Sexually explicit content" means (i) any description of or (ii) any picture, photograph, drawing, motion picture film, digital image or similar visual representation depicting sexual bestiality, a lewd exhibition of nudity, as nudity is defined in § 18.2-390, sexual excitement, sexual conduct or sadomasochistic abuse, as also defined in § 18.2-390, coprophilia, urophilia, or fetishism.
Except to the extent required in conjunction with a bona fide, agency-approved research project or other agency-approved undertaking, no agency employee shall utilize agency-owned or agency-leased computer equipment to access, download, print or store any information infrastructure files or services having sexually explicit content. Agency approvals shall be given in writing by agency heads, and any such approvals shall be available to the public under the provisions of the Virginia Freedom of Information Act (§ 2.2-3700).
All agencies shall immediately furnish their current employees copies of this section's provisions, and shall furnish all new employees copies of this section concurrent with authorizing them to use agency computers.

(1996, c. 382, §§ 2.1-804, 2.1-805, 2.1-806; 1999, c. 384; 2001, c. 844.)

State policies as summarized by University of Virginia ITC:

All University employees

State ban on employee access via state equipment to sexually explicit material

Except to the extent required for an approved research project or other agency-approved undertaking, no agency employee shall use agency computer equipment to access, download, print or store files or services having sexually explicit content.

December 2003, revised 11/2005