Disciplinary Proceedings Regarding Receipt of Digital Millennium Copyright Act Notice
If IIT receives from a content owner a notice of copyright infringement, i.e. a DMCA (Digital Millennium Copyright Act) notice, then the person to whom the Internet Protocol (IP) Address and/or computer system is registered and to which such notice is attached, shall be charged with violating University Procedure No. Q-3, entitled Use of Computer Resources, and its provisions regarding copyright infringement and Item 12 of the Code of Conduct. Notwithstanding any other provisions of this Handbook, a student so charged shall be subject to discipline in accordance with the following procedures:
The punishment for such violations shall be as follows:
FIRST OFFENSE: If the student has never before been referred to the Office of the Dean of Students for such violations, the student has the option of an “expedited resolution”. To take advantage of this option, the student must accept responsibility for the offense, complete an on-line tutorial about copyright within 5 days of being notified of the violation and pay a fine of $100. Once the tutorial is completed, the matter will be closed with an “Oral Warning”. Under the policies of the Office of the Dean of Students, no disciplinary records are maintained for oral warnings.
SECOND OFFENSE: If the student acknowledges that he or she is responsible for these violations and he or she has been referred to the Office of the Dean of Students previously for such violations, the student must, within 5 days of being notified of the violations, schedule a meeting with the Director of Student Conduct to explain his or her behavior. Additionally, the student must pay a $200 fine and a disciplinary warning will be issued by the Office of Student Affairs. This warning will become part of the student's disciplinary file.
THIRD OFFENSE: If the student has at least twice previously admitted to improper use of the IIT computer network (See points 1 and 2 above), the student’s access to the IIT network from the offending IP Address and/or computer will be terminated for a period of 90 days, and the student may be subject to further disciplinary action consistent with the Code of Discipline.
If the student does not believe that he or she has committed the alleged violations, he or she may request an administrative hearing on the matter with the Director of Student Conduct. The student must request a hearing within 5 days of being notified of the violations. The hearing will be held before the Director of Student Conduct or his/her designee only.
If a student fails to elect one of the punishments provided for above and fails to request a hearing, then his or her access to the IIT network from the offending IP Address and/or computer will automatically be terminated for a period of 90 days, and the student may be subject to further disciplinary action in accordance and consistent with the Code of Conduct.