Eastern Michigan University

Rules Violation Policy

Rationale

In order to fully comply with the Digital Millennium Copyright Act (DMCA), other federal, state and local laws, and Net-etiquette, the following procedure was developed for resolving complaints and/or allegations against students using ResNet.

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 students. To balance these requirements, the standard response procedure to allegations received from external entities 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, contact I.T. Security at it-security@list2.emich.edu.

Procedure

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 via e-mail to copyright_abuse@emich.edu.  This allegation will then be assigned to the appropriate internal staff for processing.

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 the complaint.

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

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 his/her computer scanned by a virus scanning program, spyware removal program, and have all operating system updates installed. This is the student's responsibility.
  2. If this is the second offense of this nature, the computer must be professionally cleaned. A receipt or memo must be provided as proof of cleaning before network access is reinstated.
  3. If this is the third offense of this nature, the computer must be reformatted before being allowed back on ResNet. The student will need to provide a receipt or memo 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 being disconnected 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 week will be considered a single case).

If it is not the first complaint, the student will immediately be disconnected from ResNet and the case will be referred to EMU's Student Conduct and Community Standards office 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 printed letter version of the same material is sent to the student via campus mail.
  3. An email receipt will be sent to the entity submitting the allegation.

The student will then have one week (7 days) to respond to the allegation(s). I.T. must receive a typed letter signed by the student stating the corrective actions that were 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 the Student Conduct and Community Standards office 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 the Student Conduct and Community Standards office. If the complaint is of a health and safety nature, the Department of Public Safety will also be notified.

I.T. Responsibility

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