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3 Strikes – Copyright and File Sharing Violations

Copyright and File Sharing Violations

First Notification

The first time notification is received that a computer on the Simpson College network is associated with the downloading or distribution of copyrighted materials, an email is sent to the user registered to that computer informing him or her of the notification. The user has five business days to respond and either demonstrate that the notification was unwarranted (by showing, for instance, that the materials were not copyrighted, or that the use qualified for a legal exception) or indicate that no more unauthorized downloading or distribution will take place.

If any notification is shown to be unwarranted, no record of it is kept.

If the user does not respond within five days and/or if unauthorized use of copyrighted materials continues, network access is suspended (the user’s network connection is disabled) until the situation is resolved. Email and other accounts are not disabled. The associate dean of students or the appropriate supervisor of faculty, staff is informed of this first notification.

Second Notification

On the second notification, the user will have his/her network access suspended immediately. He or she is required to submit a signed certification page that states that the user understands copyright issues and the ramifications of a subsequent offense or to demonstrate that the notification was unwarranted. Network access will be restored no sooner than two business days after receipt of the certification page. The associate dean of students or the appropriate supervisor of faculty, staff is informed of this second notification.

Third Notification

If after completion of the educational requirement, a third notification is received, network access shall be suspended immediately. The user is again informed by email of the notification. Cases involving students are sent to Judicial Board; those involving faculty or staff are referred to the appropriate supervisor. Network access is not restored,, until the case is adjudicated by Judicial Affairs, or reviewed by the supervisor. Judicial Board or the supervisory can impose whatever sanctions—including termination of network access; or corrective action (for faculty and staff)—are deemed appropriate.

The existence and imposition of college sanctions do not protect members of the campus community from any legal action by external entities or the college itself.