4.0 COMMON FORMS OF COMPUTER ABUSE

Misuse or abuse of the College information technology systems, computers, networks, programs, and data is forbidden. Violations in the areas listed below will be considered academic misconduct, misdemeanor, or felony as appropriate to the situation and will be dealt with accordingly.

4.1 Privacy Violations

Violations of the college's or another user's privacy include, but are not limited to the following:

4.2 Theft

Violations in this area include, but are not limited to:

4.3 Vandalism

Alteration or attempted alteration of programs, digital data or other files, as well as resource or equipment destruction or disruption is considered vandalism. Violations include, but are not limited to:

Vandalism will result in immediate cancellation of user privileges and possible restitution. (Vandalism is defined as any intentional attempt to harm or destroy data or equipment.)

4.4 Copyright Issues

The college owns licenses to a number of proprietary programs. Users who redistribute software from information technology systems break agreements with the College's software suppliers as well as applicable federal copyright patent and trade secret laws. Therefore, the redistribution of any software from information technology systems is strictly prohibited except in the case of software, which is clearly marked as being in the public domain. Mount Olive College will not provide legal defense for individuals who may be accused of making unauthorized copies. If the College is sued or fined because of unauthorized copying or use by students, faculty or staff may seek payment from the individuals as well as subject them to disciplinary action that may include expulsion or dismissal.

Violations include, but are not limited to:

4.5 Harassment

Harassment of others may be the sending, viewing, or printing of obscene or unwanted messages or files. Violations include, but are not limited to:

4.6 Chain Letters, Mass Mailings, "Ponzi Schemes" and Illegal Activities

4.7 Penalties

Misuse or abuse of computing services is not simply unethical; it can be a violation of user responsibility as well as Federal Law. The United States Supreme Court has determined that Ponzi schemes are inherently fraudulent. The U.S. Criminal Code, 18 USC 1341-1346, prohibits the use of mail or wire in any attempt to defraud. Under the wire fraud statutes, the attempt to defraud is a violation, and all who are involved in the attempt, whether intentionally or not, may also be in violation.

Therefore, Mount Olive College will take appropriate action in response to user misuses, unethical use, or abuse of information technology services. Actions may include, but are not limited to the following:

4.8 Limits of Liability

Mount Olive College may not be held liable for loss incurred with the use of information technology facilities. Such losses include but are not limited to destruction of data and software brought about by natural disasters and intentional sabotage that are beyond the College's control. Users assume liability for their physical and emotional well being and may not hold the College liable for injury sustained on campus facilities. The College has installed sufficient anti-virus software to promote a clean work environment. It is the user's responsibility to make a conscientious effort to ensure that viruses are not transferred into the system. Users are encouraged to scan all portable storage media for possible virus infections prior to and after use.

4.9 Sanctions for Policy Violations

Violations of this policy will be treated as academic misconduct, misdemeanor, or felony as appropriate. For non-criminal matters, a warning will be issued after a user's first policy violation, and the user will be asked to sign a copy of this policy statement to document that he/she understands and is willing to comply with these policies. A second violation will result, at a minimum, in the suspension of the user's account for one week. A third violation will result, at a minimum, in the suspension of the user's account for three months. A fourth violation will result in the permanent loss of privileges.

Misdemeanor or felony violation charges will be prosecuted to the fullest extent of the law and may result in the immediate and permanent loss of privileges. Disciplinary proceedings may also be initiated against violators. Violators of federal and state statutes may expect legal sanctions from the appropriate authorities.

A student user has the right to a fair hearing by the Judiciary Committee concerning the policy violation and the disciplinary action recommended. Appeals of disciplinary actions should follow the procedures set forth in the Student Handbook.

4.10 Distribution of this Policy

Mount Olive College will insure that all users are aware of the policy by publishing and distributing it in appropriate media to reach all faculty, staff and students.

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