ResNet Rules Violation policy

Rationale

In order to fully comply with the Digital Millennium Copyright Act (DMCA), other Federal and Local laws, and Netiquette, EMU established the following procedure for resolving complaints and/or allegations against ResNet students.

In developing this procedure, the ResNet team wanted to accomplish two goals. First, EMU must comply with all relevant laws and best practices while minimizing the legal liability of the University. Second, ResNet administration hopes to minimize undue legal strain on our students. To balance these requirements we developed a standard response procedure to allegations received from external entities. We expect that this procedure for resolving external allegations provides the best possible approach for ResNet users. It places primary responsibility upon the student, but it prevents the external entity from unnecessarily harassing the student.

If you have any questions about this policy please contact Network Engineering

Procedure

There is a graphical procedure flowchart here

The Information contained on this page relates to the Eastern Michigan University Residence Hall Network (ResNet) Only.

Receive Allegation

EMU receives an allegation from an external entity.

Copyright infringement allegations are primarily received by the University's designated Copyright agent as defined here. This allegation will then be assigned to the appropriate internal staff for handling.

All other network related complaints should be sent to abuse@emich.edu

Determine Source of Offense

After receiving a complaint, the computer in question is identified by matching the IP address to a specific computer.

Process Allegation

The assigned staff member will process the allegation and attempt to determine the type and severity of a complaint. They will then proceed in one of three ways determined by the type and severity of the complaint.

Technical Complaints (Virus warning, Network Scan, etc.)

When the allegation is of a "technical" nature, the response of the University will be to following the following procedure. In the case of a serious technical complaint, or multiple complaints about a single computer in a short period of time, the computer will be removed from ResNet until the situation has been resolved.

1. If this is the first offense of this nature the student will have their computer scanned by a virus scanning program, spyware removal program, and have all Operating System updates installed. This is the student's responsibility. The IT Help Desk will assist if requested, but the computer will need to be transported to the IT Help Desk and the student will need to remain with the computer the entire time it takes to clean the computer.
2. If this is the second offense of this nature the computer must be brought to the IT Help Desk for cleaning. The student will need to remain with the computer the entire time it takes to clean the computer. The student will also be informed that if a third offense occurs they will be required to reformat their machine before being allowed back on ResNet.
3. If this is the third offense of this nature the computer will be required to reformat their machine before being allowed back on ResNet. The student will need to provide a letter stating that the computer has been reformatted and has had all operating system updates applied and virus scanning software installed.
4. Any subsequent violations will result in disconnection from ResNet for a period of time determined by the ResNet administration.

Copyright Infringement Allegations

When the complaint is a copyright infringement allegation, the responsible staff member will determine if this is a first complaint leveled against the identified student (multiple complaints within a 1 week period will be grouped together into a single EMU case).

If it is not the first complaint, the student will immediately be disconnected from ResNet and the case will be referred to EMU Student Judicial Services for adjudication under the Student Code of Conduct.

If it is a first complaint received against the student: 1. An email is sent to the student in question 2. A print letter version of the same material is sent to the student via campus mail and, 3. An email receipt will be sent to the entity submitting the allegation.

The student will then have 1 week (7 days) to respond to the allegation(s). IT must receive a typed letter signed by the student stating the corrective actions taken to resolve the complaint.

If the student does not respond within seven days, that student's computer(s) will be disconnected from ResNet and the case will be passed to EMU Student Judicial Services for adjudication under the Student Code of Conduct.

Once a resolution has been reached, either by submission of a letter from the student, or Student Judicial Services completing their inquiry, the case will be closed and a notice of resolution will be sent to the entity that submitted the complaint.

Major Complaints (Threats, Harassment, etc)

All major complaints will be immediately reported to EMU Student Judicial Services. If the complaint is of a health and safety nature, the EMU Department of Public Safety will also be notified.

IT Responsibility

IT has a responsibility to maintain ResNet. IT may take any and all actions necessary to perform this duty. This can include disconnection without prior notice, disruption of service, network vulnerability scanning, network intrusion detection, prevention, and response. IT will make every effort to notify involved students when these actions are necessary.