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Civil and Criminal Penalties for Violation of Federal Copyright Laws
Anyone who is found to be liable for copyright infringement may be ordered to pay either actual damages or “statutory” damages between $750 and $30,000 per work infringed. In the case of a “willful” infringement, a court may award up to $150,000 per work infringed. Courts also have discretion to award costs and attorneys’ fees to the prevailing party. (See 17 U.S.C. §§504 & 505.) Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. (See 17 U.S.C. §506 & 18 U.S.C. §2319.)
Family Educational Rights and Privacy Act (aka FERPA)
The federal Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. 1232g) and regulations adopted thereunder (34 C.F.R. 99) set out requirements designed to protect students’ privacy in their records maintained by the campus. The statute and regulations govern access to certain student records maintained by the campus and the release of such records. The law provides that the campus must give students access to most records directly related to the student, and must also provide opportunity for a hearing to challenge the records if the student claims they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under this law does not include any right to challenge the appropriateness of a grade determined by the instructor. The law generally requires the institution to receive a student’s written consent before releasing personally identifiable data about the student. The institution has adopted a set of policies and procedures governing implementation of the statute and the regulations. Copies of these policies and procedures may be obtained at the Enrollment Services Office. Among the types of information included in the campus statement of policies and procedures are: (1) the types of student records maintained and the information they contain; (2) the official responsible for maintaining each type of record; (3) the location of access lists indicating persons requesting or receiving information from the record; (4) policies for reviewing and expunging records; (5) student access rights to their records; (6) the procedures for challenging the content of student records; (7) the cost to be charged for reproducing copies of records; and (8) the right of the student to file a complaint with the Department of Education. The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.
The campus is authorized under the Act to release “directory information” concerning students. “Directory information” may include the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, grade level, enrollment status, degrees, honors, and awards received, and the most recent previous educational agency or institution attended by the student. The above-designated information is subject to release by the campus at any time unless the campus has received prior written objection from the student specifying what information the student requests not be released. Written objections should be sent to the Enrollment Services Office.
The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons have responsibilities in the campus’s academic, administrative or service functions and have reason for accessing student records associated with their campus or other related academic responsibilities. Student records may also be disclosed to other persons or organizations under certain conditions (e.g., as part of the accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; or to other institutions to which the student is transferring).
FERPA Rights, Obligations, Procedures
Who is Responsible for Upholding FERPA Protections?
All members of the campus with access to, oversight of, or responsibilities for the maintenance of student records are responsible for upholding FERPA protections. Student rights under FERPA may impose compliance obligations upon faculty members within the classroom, and upon associated classroom practices, in addition to those obligations imposed upon staff and managers within administrative departments responsible for creating, maintaining, and securing student data and records. Individuals may, under certain circumstances, be held legally responsible for the release of confidential information protected by FERPA.
Faculty and Academic Departments
The posting or display of emblems of academic performance, and the disclosure of information contained in confidential student records, generally require official student consent. That consent may be gained, for example, by circulating a statement of consent collectively to all students in a classroom for their signature of official endorsement.
Steps should be taken to adequately and appropriately protect student records in compliance with law and policy. Each office that releases educational records under this policy shall maintain records of requests made and whether each request was granted or denied.
Accessing Student Records
Students Seeking Access to the Student’s Own Records
Students wishing to view the contents of their Educational Records must contact the appropriate records custodian in the office maintaining the records they seek, generally the Office of Enrollment Services, to request an appointment to view these records. Access to inspect records shall normally be granted to the student making the request no later than fifteen (15) working days following the date of the request from the student. Original records shall not leave the office where the records are maintained.
Fees for Copies of Records
While the student retains the right to inspect his or her records, the California State University, Stanislaus is not generally required under FERPA to provide copies of documents contained in the educational record. With the exception of transcripts, which may be subject to separate provisions, requests for copies of records may be subject to an administrative copying fee.
Limitations on Access to Educational Records
The following limitations exist regarding the student’s right to inspect and review records:
- The University retains the right to deny copies of records if the student has an unpaid or delinquent financial obligation to the University, pursuant to Section 42381, Title 5, California Code of Regulations, and the California State University’s Executive Order 145.
- When a record contains information about more than one student, the student may inspect and review only the records that relate to him or her.
- Students may not access information pertaining to the financial status of his or her parents.
- Students may not access confidential letters and confidential statements of recommendation placed in educational records prior to 1975, or confidential letters and statements of recommendations for which the student has waived the right to review.
- Individuals do not have the right, under FERPA, to inspect and review their admissions application, if that application was denied.
Parental Access to Records
Parents are not eligible to access their child’s non-directory information unless the student has authorized this release; or unless the student has been claimed as a dependent on their parents’ federal income taxes.
Parents, legal guardians, or other relevant family members seeking information contained within protected student records, including grade reports, should be directed to the Office of the Vice President for Student Affairs or the Office of Enrollment Services.
Faculty, Staff, and Administrators Seeking Access
Requests should be submitted to the appropriate records custodian, generally the campus admissions and records officer or equivalent departmental or college official, who shall maintain copies of requests submitted and granted. Requests must demonstrate a legitimate educational interest, or a legitimate rationale for access in the case of university officials requesting access to student educational records.
Who is Responsible for Ensuring FERPA Compliance?
The Offices of the Vice President for Enrollment Management and Student Affairs, Business and Finance, University Advancement, and Academic Affairs all have obligations and input regarding the proper maintenance of relevant student records, and the proper implementation and adherence to protocols designed to uphold FERPA rights and obligations, within their respective units, colleges, and departments.
Complaints about violation of this policy may be made to the CSU Stanislaus FERPA Compliance Officer (FERPA@csustan.edu) or to Department of Education. The Department of Education has established an office and review board to investigate complaints and adjudicate violations. The designated office is: Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605.
What Student Information is Covered By FERPA?
FERPA establishes two categories of information:
Pre-established categories of information available to the public:
- Student name
- Telephone number
- Date and place of birth
- Honors and awards
- Dates of attendance
- University-assigned e-mail
- Enrollment Status
- Weight and height of members of the athletic team
- Degrees received
- Major field of study
BUT: Eligible students/parents may request non-disclosure, and must be given the opportunity and reasonable time to so request.
Non-Directory Information is not available to the general public:
- Social Security number/Student identification number
- Course schedules
- Disciplinary files/actions
Directory information will be released to a member of the public upon submission of the appropriate request form to the Enrollment Services Office. As noted, students have the right to request non-disclosure of directory information.
Non-directory information will only be released upon written authorization from the student, except as described below.
Student Requests for Non-Disclosure of Directory Information
Students can file a form with the Enrollment Services Office if they do not want public information included in the directory.
Disclosure of Non-Directory Records Without Student Consent
Under certain circumstances, the campus is permitted to release information without the student’s consent. Examples of individuals or circumstances prompting permissible disclosure without consent include, but are not necessarily limited to:
- School officials who have a legitimate educational interest in the records.
- Parents of an eligible student who is claimed as a dependent for income tax purposes.
- Appropriate parties in a health or safety emergency.
- The parent or legal guardian of a student under the age of 21, when that student has broken University policy or state or federal law as it applies to the use and/or possession of alcohol or controlled substances.
- In cases involving the results of a disciplinary hearing where the alleged victim has been subject to a crime of violence.
- To comply with federal laws, such as the Patriot Act.
- To comply with other federal or state legislation passed subsequent to FERPA, including but not limited to the Tax Payer Relief Act.
- To comply with a California judicial order or lawfully issued subpoena.
U.S. Department of Education; Family Educational Rights and Privacy Act (FERPA) http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Immigration Requirements for Licensure
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), also known as the Welfare Reform Act, includes provisions to eliminate eligibility for federal and state public benefits for certain categories of lawful immigrants as well as benefits for all illegal immigrants.
Students who will require a professional or commercial license provided by a local, state, or federal government agency in order to engage in an occupation for which the CSU may be training them must meet the immigration requirements of the Personal Responsibility and Work Opportunity Reconciliation Act to achieve licensure. Information concerning the regulation of these requirements is available from the Director of the Office of International Education. Contact (209) 667-3117 or stop in at the Student Services Building.
Mary Stuart Rogers Building 360, (209) 667-3177
The Judicial Affairs Officer is responsible for investigating and adjudicating allegations that a student’s conduct may have violated the CSU Student Discipline Code. Potential violations include cheating and/or plagiarism, alcohol and other drugs, harassment, abusive behavior, falsification or forgery of documents, etc. Students engaged in the student discipline process have the right to due process and may consult the Student Advocate for information about campus policies and procedures. Student discipline is covered under the CSU Executive Order 1043 (pursuant to California Code of Regulations, Title V, Section 41301).
Race, Color, Ethnicity, National Origin, Age, Genetic Information, Religion and Veteran Status
The California State University does not discriminate on the basis of race, color, ethnicity, national origin, age, genetic information, religion or veteran status in its programs and activities, including admission and access. Federal and state laws, including Title VI of the Civil Rights Act of 1964 and the California Equity in Higher Education Act, prohibit such discrimination. Dennis Shimek, Vice President of Faculty Affairs and Human Resources has been designated to coordinate the efforts of CSU Stanislaus to comply with all applicable federal and state laws prohibiting discrimination on these bases. Inquiries concerning compliance may be presented to this person at MSR 320 or by phone at (209) 667-3351.
The California State University does not discriminate on the basis of disability in its programs and activities, including admission and access. Federal and state laws, including sections 504 and 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, prohibit such discrimination. Dennis Shimek, Vice President of Faculty Affairs and Human Resources has been designated to coordinate the efforts of CSU Stanislaus to comply with all applicable federal and state laws prohibiting discrimination on the basis of disability. Inquiries concerning compliance may be presented to this person at MSR 320 or by phone at (209) 667-3351.
Sex/Gender/Gender Identity/Gender Expression/Sexual Orientation
The California State University does not discriminate on the basis of sex, gender, gender identity, gender expression or sexual orientation in its programs and activities, including admission and access. Federal and state laws, including Title IX of the Education Amendments of 1972, prohibit such discrimination. Dennis Shimek, Vice President of Faculty Affairs and Human Resources, has been designated to coordinate the efforts of CSU Stanislaus to comply with all applicable federal and state laws prohibiting discimination on the basis of disability. Inquiries concerning compliance may be presented to this person at MSR 320 or by phone at (209) 667-3351. The California State University is committed to providing equal opportunities to male and female CSU students in all campus programs, including intercollegiate athletics.
Title IX of the Education Amendments of 1972 protects all people regardless of their gender or gender identity from sex discrimination, which includes sexual harassment and violence:
- Sexual discrimination means an adverse act of sexual discrimination (including sexual harassment and sexual violence) that is perpetrated against an individual on a basis prohibited by Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., and its implementing regulations, 34 C.F.R. Part 106 (Title IX); California Education Code §66250 et seq., and/or California Government Code §11135.
Sexual harassment is unwelcome conduct of a sexual nature that includes, but is not limited to, sexual violence, sexual advances, requests for sexual favors, indecent exposure and other verbal, nonverbal or physical unwelcome conduct of a sexual nature, where such conduct is sufficiently severe, persistent or pervasive that its effect, whether or not intended, could be considered by a reasonable person in the shoes of the individual, and is in fact considered by the individual, as limiting the individual’s ability to participate in or benefit from the services, activities or opportunities offered by the university. Sexual harassment also includes gender-based harassment, which may include acts of verbal, non-verbal or physical aggression, intimidation or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
- Sexual violence means physical sexual acts (such as unwelcome sexual touching, sexual assault, sexual battery and rape) perpetrated against an individual without consent or against an individual who is incapable of giving consent due to that individual’s use of drugs or alcohol, or disability.
See further information in CSU Stanislaus’s sexual violence prevention and education statement, which includes facts and myths about sexual violence at www.csustan.edu/titleix.
Whom to Contact If You Have Complaints, Questions or Concerns
Title IX requires the university to designate a Title IX Coordinator to monitor and oversee overall Title IX compliance. Your campus Title IX Coordinator is available to explain and discuss your right to file a criminal complaint (for example, in cases of sexual assault); the university’s complaint process, including the investigation process; how confidentiality is handled; available resources, both on and off campus; and other related matters. If you are in the midst of an emergency, please call the police immediately by dialing 9-1-1.
Campus Title IX Coordinator:
• Dennis Shimek
• MSR 320, email@example.com
• (209) 667-3351
• Office hours: 8:00am - 5:00 pm
University Police Department
• Campus Services Building, firstname.lastname@example.org
• (209) 667-3114
U.S. Department of Education, Office for Civil Rights:
• (800) 421-3481 or http://www2.ed.gov/about/offices/list/ocr/index.html
• If you wish to fill out a complaint form online with the OCR, you may do so at: http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
Title IX requires the university to adopt and publish complaint procedures that provide for prompt and equitable resolution of sex discrimination complaints, including sexual harassment and violence. CSU Executive Order 1074 (http://www.calstate.edu/eo/EO-1074.pdf) is the systemwide procedure for all complaints of discrimination, harassment or retaliation made by students against the CSU, a CSU employee, other CSU students or a third party.
Except in the case of a privilege recognized under California law (examples of which include Evidence Code §§1014 (psychotherapist-patient); 1035.8 (sexual assault counselor-victim); and 1037.5 (domestic violence counselor-victim), any member of the University community who knows of or has reason to know of sexual discrimination allegations shall promptly inform the campus Title IX Coordinator.
Regardless of whether an alleged victim of sexual discrimination ultimately files a complaint, if the campus knows or has reason to know about possible sexual discrimination, harassment or violence, it must review the matter to determine if an investigation is warranted. The campus must then take appropriate steps to eliminate any sex discrimination/harassment, prevent its recurrence, and remedy its effects.
Safety of the Campus Community is Primary
The university’s primary concern is the safety of its campus community members. The use of alcohol or drugs never makes the victim at fault for sexual discrimination, harassment or violence; therefore, victims should not be deterred from reporting incidents of sexual violence out of a concern that they might be disciplined for related violations of drug, alcohol or other university policies. Except in extreme circumstances, victims of sexual violence shall not be subject to discipline for related violations of the Student Conduct Code.
Information Regarding Campus, Criminal and Civil Consequences of Committing Acts of Sexual Violence
Individuals alleged to have committed sexual assault may face criminal prosecution by law enforcement and may incur penalties as a result of civil litigation. In addition, employees and students may face discipline at the university. Employees may face sanctions up to and including dismissal from employment, pursuant to established CSU policies and provisions of applicable collective bargaining unit agreements.
Students who are charged by the university with sexual discrimination, harassment or violence will be subject to discipline, pursuant to the California State University Student Conduct Procedures (see Executive Order 1073 at http://www.calstate.edu/eo/EO-1073.pdf or any successor executive order) and will be subject to appropriate sanctions. In addition, during any investigation, the university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Such measures may include: immediate interim suspension from the university, a required move from university-owned or affiliated housing; adjustment to course schedule; and/or prohibition from contact with parties involved in the alleged incident.
- CSU Stanislaus’s sexual violence prevention and education statement, which includes facts and myths about sexual violence, at www.csustan.edu/titleix
- U.S. Department of Education, regional office:
Office for Civil Rights
50 Beale Street, Suite 7200
San Francisco, CA 94105
TDD (877) 521-2172
- U.S. Department of Education, national office:
Office for Civil Rights
- Know Your Rights about Title IX
1215 K. Street, Suite 1850
Sacramento, CA 95814
Women’s Haven Center
301 Starr Avenue
Turlock, CA 95382
Office hours 8:30 am - 4:30 pm
Student Complaint Procedure
The California State University takes very seriously complaints and concerns regarding the institution. If you have a complaint regarding the CSU, you may present your complaint as follows:
(1) If your complaint concerns CSU’s compliance with academic program quality and accrediting standards, you may present your complaint to the Western Association of Schools and Colleges (WASC) at http://www.wascsenior.org/comments. WASC is the agency that accredits the CSU’s academic program.
(2) If your complaint concerns an alleged violation by CSU of a state law, including laws prohibiting fraud and false advertising, you may present your claim to the campus president or designee, Julie Johnson, Campus Compliance Officer at email@example.com. The president or designee will provide guidance on the appropriate campus process for addressing your particular issue.
If you believe that your complaint warrants further attention after you have exhausted all the steps outlined by the president or designee, or by WASC, you may file an appeal with the Associate Vice Chancellor, Academic Affairs at the CSU Chancellor’s Office. This procedure should not be construed to limit any right that you may have to take civil or criminal legal action to resolve your complaint.
Title V, California Code of Regulations
Article 2. Student Conduct
41301. Standards for Student Conduct
The University is committed to maintaining a safe and healthy living and learning environment for students, faculty, and staff. Each member of the campus community must choose behaviors that contribute toward this end. Student behavior that is not consistent with the Student Conduct Code is addressed through an educational process that is designed to promote safety and good citizenship and, when necessary, impose appropriate consequences.
(a) Student Responsibilities
Students are expected to be good citizens and to engage in responsible behaviors that reflect well upon their university, to be civil to one another and to others in the campus community, and contribute positively to student and university life.
(b) Unacceptable Student Behaviors
The following behavior is subject to disciplinary sanctions:
- Dishonesty, including:
- Cheating, plagiarism, or other forms of academic dishonesty that are intended to gain unfair academic advantage.
- Furnishing false information to a University official, faculty member, or campus office.
- Forgery, alteration, or misuse of a University document, key, or identification instrument.
- Misrepresenting oneself to be an authorized agent of the University or one of its auxiliaries.
- Unauthorized entry into, presence in, use of, or misuse of University property.
- Willful, material, and substantial disruption or obstruction of a University-related activity, or any on-campus activity.
- Participating in an activity that substantially and materially disrupts the normal operations of the University, or infringes on the rights of members of the University community.
- Willful, material, and substantial obstruction of the free flow of pedestrian or other traffic, on or leading to campus property or an off-campus University-related activity.
- Disorderly, lewd, indecent, or obscene behavior at a University-related activity, or directed toward a member of the University community.
- Conduct that threatens or endangers the health or safety of any person within or related to the University community, including physical abuse, threats, intimidation, harassment, or sexual misconduct.
- Hazing, or conspiracy to haze. “Hazing” is defined as any method of initiation or pre-initiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, or any pastime or amusement engaged in with respect to such an organization which causes, or is likely to cause, bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm, to any student or other person attending any school, community college, college, university or other educational institution in this state; the term “hazing” does not include customary athletic events or other similar contests or competitions.
A group of students acting together may be considered a “student organization” for purposes of this section whether or not they are officially recognized. Neither the express or implied consent of a victim of hazing, nor is the lack of active participation while hazing is going on a defense. Apathy or acquiescence in the presence of hazing is not a neutral act, and is also a violation of this section.
- Use, possession, manufacture, or distribution of illegal drugs or drug-related paraphernalia, (except as expressly permitted by law and University regulations) or the misuse of legal pharmaceutical drugs.
- Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by law and University regulations), or public intoxication
while on campus or at a University-related activity.
- Theft of property or services from the University community, or misappropriation of University resources.
- Unauthorized destruction, or damage to University property or other property in the University community.
- Possession or misuse of firearms or guns, replicas, ammunition, explosives, fireworks, knives, other weapons, or dangerous chemicals (without the prior authorization of the campus president) on campus or at a University-related activity.
- Unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.
- Misuse of computer facilities or resources, including:
- Unauthorized entry into a file, for any purpose.
- Unauthorized transfer of a file.
- Use of another’s identification or password.
- Use of computing facilities, campus network, or other resources to interfere with the work of another member of the University community.
- Use of computing facilities and resources to send obscene or intimidating and abusive messages.
- Use of computing facilities and resources to interfere with normal University operations.
- Use of computing facilities and resources in violation of copyright laws.
- Violation of a campus computer use policy.
- Violation of any published University policy, rule, regulation or presidential order.
- Failure to comply with directions of, or interference with, any University official or any public safety officer while acting in the performance of his/her duties.
- Any act chargeable as a violation of a federal, state, or local law that poses a substantial threat to the safety or well-being of members of the University community or to property within the University community, or that poses a significant threat of disruption or interference with University operations.
- Violation of the Student Conduct Procedures, including:
- Falsification, distortion, or misrepresentation of information related to a student discipline matter.
- Disruption or interference with the orderly progress of a student discipline proceeding.
- Initiation of a student discipline proceeding in bad faith.
- Attempting to discourage another from participating in the student discipline matter.
- Attempting to influence the impartiality of any participant in a student discipline matter.
- Verbal or physical harassment or intimidation of any participant in a student discipline matter.
- Failure to comply with the sanction(s) imposed under a student discipline proceeding.
- Encouraging, permitting, or assisting another to do any act that could subject him or her to discipline.
(c) Application of this Code
Sanctions for the conduct listed above can be imposed on applicants, enrolled students, students between academic terms, graduates awaiting degrees, and students who withdraw from school while a disciplinary matter is pending. Conduct that threatens the safety or security of the campus community, or substantially disrupts the functions or operation of the University is within the jurisdiction of this Article regardless of whether it occurs on or off campus. Nothing in this Code may conflict with Education Code section 66301 that prohibits disciplinary action against students based on behavior protected by the First Amendment.
(d) Procedures for Enforcing this Code
The Chancellor shall adopt procedures to ensure students are afforded appropriate notice and an opportunity to be heard before the University imposes any sanction for a violation of the Student Conduct Code.
Title 5, California Code of Regulations, 41302. Disposition of Fees: Campus Emergency; Interim Suspension
The President of the campus may place on probation, suspend, or expel a student for one or more of the causes enumerated in Section 41301. No fees or tuition paid by or for such student for the semester, quarter, or summer session in which he or she is suspended or expelled shall be refunded. If the student is readmitted before the close of the semester, quarter, or summer session in which he or she is suspended, no additional tuition or fees shall be required of the student on account of the suspension.
During periods of campus emergency, as determined by the President of the individual campus, the President may, after consultation with the Chancellor, place into immediate effect any emergency regulations, procedures, and other measures deemed necessary or appropriate to meet the emergency, safeguard persons and property, and maintain educational activities.
The President may immediately impose an interim suspension in all cases in which there is reasonable cause to believe that such an immediate suspension is required in order to protect lives or property and to insure the maintenance of order. A student so placed on interim suspension shall be given prompt notice of charges and the opportunity for a hearing within 10 days of the imposition of interim suspension.
During the period of interim suspension, the student shall not, without prior written permission of the President or designated representative, enter any campus of the California State University other than to attend the hearing. Violation of any condition of interim suspension shall be grounds for expulsion.
Use of Social Security Number
Applicants are required to include their correct social security numbers in designated places on applications for admission pursuant to the authority contained in Section 41201, Title 5, California Code of Regulations, and Section 6109 of the Internal Revenue Code (26 U.S.C. 6109). The University uses the social security number to identify students and their records including identification for purposes of financial aid eligibility and disbursement and the repayment of financial aid and other debts payable to the institution. Also, the Internal Revenue Service requires the University to file information returns that include the student’s social security number and other information such as the amount paid for qualified tuition, related expenses, and interest on educational loans. This information is used by the IRS to help determine whether a student, or a person claiming a student as a dependent, may take a credit or deduction to reduce federal income taxes.