Academic Computing Policies

Computing Policies - Procedure for Dealing with Students who Misuse College Computing Resources

I. INTRODUCTION

The use of computing and information processing resources is a privilege granted by the College to students who have demonstrated an appropriate need in their program of study or work assignment at Genesee Community College. All users of GCC computer resources must comply with the applicable statutes of New York State and Federal law, in particular, Chapter 514 of the New York State Penal Law. The purpose of this procedure is to outline the steps which will be followed if student misuse of computing resources is suspected.

II. DEFINITIONS

A. Student - A student is an individual who is registered for and is participating in any college program of instruction.

B. Computing Resources - Computing resources consists of, but are not limited to, computing equipment, software, program code, manuals, computer data, program output, printers, computer paper, computing services, CPU time, etc.

C. Misuse of Computing Resources - the following shall constitute the definition of a person who misuses the college computing resources:

1. A person is guilty of unauthorized use of a computer when he or she knowingly uses or causes to be used a computer or computer service without authorization and the computer utilized is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system.
2. A person is guilty of computer trespassing when he or she knowingly uses or causes to be used a computer or computer service without authorization and he thereby knowingly gains access to computer material.
3. A person is guilty of unlawful duplication of computer related material when having no right to do so, he or she copies, reproduces, or duplicates software in any manner.
4. A person is guilty of misuse when he or she intentionally seeks information on, obtain copies of, or modifies files or passwords belonging to others.
5. A person is guilty of misuse when he or she intentionally develops or uses programs that harass other users, infiltrates a computing system, or damages or alters the software or data components of a computing system.
6. A person is guilty of misuse when he or she authorizes individuals who are not associated with the college to use an account, or uses the academic computers for non-academic related work.
7. A person is guilty of misuse when he or she fails to cooperate with or follow established computing resource procedures.

III. INITIAL RESPONSE

Any member of the college faculty or staff (including employees of SCT or employed students) may identify a student as a potential misuser of computer resources. After identification, the Director of Computer Services or his/her representative may deny the student access to computing resources for a period of up to 24 hours. The Dean of Students and appropriate Associate Dean shall be notified immediately.

After consultation with the appropriate Associate Dean, Director of Computer Services and involved faculty, the Dean of Students may extend the period during which access is denied for up to ten additional instructional days. During this period, the following College disciplinary procedures shall be implemented.

The initiation of internal disciplinary procedures shall not preclude referral of the situation to off-campus authorities.

IV. DISCIPLINARY PROCEDURES

The determination of student misuse of computing resources shall be made by a College Hearing Board established for that purpose. The Board shall consist of the following members:

a. The Dean of Students who shall serve as Chairperson.
b. A faculty member appointed by the Chairperson of the Academic Assembly or by the Vice-President for Academic Affairs if the Chairperson is not available.
c. An administrator appointed by the College President.
d. A student appointed by the President of the Student Government Association or by the Director of Student Activities if the SGA President is not available.

In each situation, the student will be officially charged with violation of this procedure by the Director of Computer Services who shall be responsible for coordinating the presentation of evidence with the Chairperson of the Hearing Board.

The following agenda shall be followed in conducting a meeting of the Hearing Board:

1. Introduction
2. Presentation of charges
3. Pleas by student charged
4. Presentation of evidence
5. Rebuttal of evidence
6. Determination of guilt or innocence
7. Presentation of information relative to penalty (if appropriate)
8. Rebuttal of information relative to penalty (if appropriate)
9. Determination of recommended penalty (if appropriate)
10. Adjournment

The Hearing Board shall consider all evidence presented to it, determine guilt or innocence and, if appropriate, make a recommendation to the College President relative to an appropriate penalty.

Penalties may include, but are not limited to:

a. Denial of access to computer resources for a definite or indefinite period of time.
b. Suspension for a definite or indefinite period of time.
c. Dismissal from the College.
d. In the case of a student who has withdrawn from college, denial of readmission.

If because of a tie vote, the Hearing board is unable to make a single recommendation, the Board shall summarize its findings and present alternative recommendations to the President.

Overall management of the disciplinary process shall be the responsibility of the Dean of Students. The Dean shall ensure that each student who is charged with violation of this procedure shall have the following procedural rights:

a. Be provided a written statement regarding the nature of the problem and evidence related hereto.
b. Be advised of the date and place of the hearing at least three instructional days in advance.
c. Be advised that he/she is entitled to be represented and advised by a person of his or her choice.
d. Be advised of the procedure to be followed during the hearing, including the right of the student to review any material presented to the Board, and to either participate or to remain silent.
e. The right to appeal the recommendation of the Hearing Board directly to the College President.