Page 27 - De Anza College Catalog 2018-2019

or transmitting by use of the district network sexually explicit images, messages, pictures, or cartoons when done to harass or for the purposes of harassment
■ Knowingly downloading, displaying or transmitting by use of the district network sexually harassing images or text in a public computer facility or location that can potentially be in view of other individuals
■ Posting on electronic bulletin boards material that violates existing laws or the colleges’ codes of conduct
■ Using the district network to publish false or defamatory information about another person
Commercial Use
■ Using the district network for any commercial activity, without written authorization from the district “Commercial activity” means for nancial remuneration or designed to lead to nancial remuneration
Copyright
■ Violating terms of applicable software licensing agreements or copyright laws
■ Publishing copyrighted material without the consent of the owner on district websites in violation of copyright laws
Exceptions
Activities by technical sta , as authorized by appropriate district or college o cials, to take action for security, enforcement, technical support, troubleshooting or performance testing purposes will not be considered abuse of the network.
Although personal use is not an intended use, the district recognizes that the network will be used for incidental personal activities and will take no disciplinary action provided that such use is within reason and provided that such usage is ordinarily on an employee’s own time, is occasional and does not interfere with or burden the district’s operation. Likewise, the district will not purposefully surveil or punish reasonable use of the network for union business-related communication between employees and their unions.
Complaints
A user who asserts that the district or district personnel have violated this
policy shall le a complaint with his or her immediate supervisor with a copy to the vice chancellor of Human Resources, and a copy to the employee’s bargaining unit. The supervisor shall notify the supervisor of the alleged violator to discuss the complaint. e supervisor of the complainant shall initiate an investigation if necessary and determine an appropriate remedy or resolution in consultation with the vice chancellor of Human Resources. In cases where the supervisor is part of the complaint, the complaint shall be led with the next level of supervision for investigation and resolution or remedy. e complainant shall be informed in writing of the initiation of the investigation, and of its outcome as appropriate, with copies to the vice chancellor of Human Resources and the employee’s bargaining unit. Complainants dissatis ed with the resolution or remedy have full recourse to relevant contractual protections and/or legal action.
ILLEGAL DISTRIBUTION OF COPYRIGHTED MATERIALS
De Anza College students are prohibited from using the Foothill-De Anza (FHDA) Community College district’s information network to illegally download or share music, video and all other copyrighted intellectual property. De Anza College supports the Higher Education Opportunity Act and the Digital Millennium Copyright Act including e orts to eliminate the illegal distribution of copyrighted material. Under the law, college administrators may be obligated to provide copyright holders with information about users of the FHDA information network who have violated the law.
Be aware that illegal forms of downloading and le-sharing as well as the unauthorized distribution of copyrighted materials, including unauthorized peer-
to-peer le sharing, are violations of the law and may subject students not only to academic sanctions from the college but also criminal and civil penalties, including a lawsuit against students by the Recording Industry Association of America (RIAA).
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages a xed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, § 504 and 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to ve years and nes of up to $250,000 per o ense. For more information, please see the website of the U.S. Copyright O ce at www.copyright. gov, especially their FAQ's at www. copyright.gov/help/faq.
In addition to being illegal, le sharing drains the FHDA network’s bandwidth, which slows computer connections for students and employees who are using the network for legitimate academic purposes and ultimately costs the college money.
e college has developed policies and consequences to ensure that students respect music and other forms of intellectual property as well as make responsible use of the internet.
ere are plenty of easy, a ordable ways to get music online legally. To protect their intellectual property, companies have licensed hundreds of digital partners that o er a range of legal downloading options, including download and subscription services, legitimate peer-to-peer services, video-on-demand, podcasts and CD kiosks.
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