HEOA & DMCA Supporting Policies
Related policies and procedures found within Tiger Lore:
1. Student Code of Conduct (pgs. 12-13)
"The following constitutes violations of the Student Code of Conduct:
A. The violation of established University policies or procedures and/or local, state or federal laws....
J. Theft, unauthorized possession, or any other misappropriation or conversion of property or services....
R. Any behavior that disrupts or causes disruption to computer services; damages, alters, or destroys data or records; adversely affects computer software, programs, systems, or networks. The use of any data, computer system or network to devise or execute any scheme to defraud, deceive, extort, or wrongfully obtain money, property or data."
2. University Policies for Student Conduct (pgs. 46-47)
"42. Computer Use
126.96.36.199 Users must ensure the security of restricted, confidential, proprietary, licensed, copyrighted or sensitive information entrusted to their care or that may come into their possession. Security includes, as appropriate, protection from unauthorized disclosure, modification, copying, destruction, or prolonged unavailability...
188.8.131.52 Users must abide by all local, state and federal laws. This includes all applicable Copyright laws and license agreements, especially software license agreements."
3. 43. Copyright Infringement (pg. 48-49)
All University of the Pacific students will comply with federal copyright law (U.S. Code Title 17).
Copyright infringement is defined as unauthorized possession or sharing of copyrighted materials, including but not limited to music, movies, computer software and games, videos or any other media which requires a license to possess. Sharing of copyrighted material without permission is a violation of the Digital Millennium Copyright Act (DMCA) and is a violation of University policy. Both the entertainment and software industries actively monitor the Internet for possible copyright infringements with legal action becoming more common. Statutory damages range from $200 to $25,000 per violation. Violators who, for commercial advantage or private financial gain, can be criminally fined up to $500,000 and/or spend up to 5 years in prison for the first offense. The law requires the University to respond expeditiously when notified that a PacificNet user is violating copyright law. Therefore, Pacific may activity monitor students for copyright infractions.
Examples of copyright infringement include, but are not limited to sharing files though:
• Peer‐to‐Peer (P2P) file sharing programs/services
• Posting materials on an Internet web page or folders
• Instant message file transfers
• Sharing of physical media (CD‐ROMs, DVD, USB thumb drives, flash memory, and hard drives).
Sanctions for violating this policy include, but are not limited to: loss of use of the PacificNet privileges, reconnection and/or other technical fees and possible disciplinary sanctioning. Continued violations of this policy may result in more serious sanctions up to, and including, suspension or dismissal.
4. Student Conduct Review Procedures (pgs. 61-75)
45.11 Sanctions for Violation of the Honor Code/Student Code of Conduct
a. 45.11.1 Dismissal from the University
b. 45.11.2 Suspension from the University
c. 45.11.3 Disciplinary Probation
d. 45.11.4 Termination of Eligibility for, or Relocation within Student Housing
e. 45.11.5 Ineligibility for Graduation
f. 45.11.6 Restitution
g. 45.11.7 Restriction
h. 45.11.8 Educational Project/Service
i. 45.11.9 Disciplinary Warning
j. 45.11.10 Other Sanctions
5. Pacific IT Policies, Acceptable Use Policy (pgs. 21-22)
a. "POLICY: The University's Computing and Communications Resources shall be used securely, respectfully, cooperatively in support of the University's Mission." (pg. 21)
b. B. Secure Use (pg. 21-22)
1. "4. Users must ensure the security of restricted, confidential, proprietary, licensed, copyrighted or sensitive information entrusted to their care or that may come into their possession. Security includes, as appropriate, protection from unauthorized disclosure, modification, copying, destruction or prolonged unavailability."
c. C. Respectful Use (pg. 22)
1. "1. Users must abide by all local, state and federal laws. This includes all applicable Copyright laws and license agreements, especially software license agreements."
2. "3. Users must not attempt to represent themselves as someone else, mask their identity, or engage in computing or communication activities using another User's UserID or other electronic credentials. Use of University resources for illegal conduct is prohibited."
d. E. Sanctions (pg. 23)
1. "It is the responsibility of each User to understand his or her privileges and responsibilities regarding Acceptable Use and to act accordingly. Users failing to abide by the University's Acceptable Use Policy (AUP) may be subject to corrective action up to and including, dismissal, expulsion, and/or legal action by the University. While technical corrective action, including limiting user activity or removing information, may be taken in emergency situations by authorized Information Technology staff, other corrective action, technical and/or non-technical, will be taken in accord with applicable University policies and procedures. In particular, students who violate this policy will be referred to Judicial Affairs for judicial review."