What is the name of your state (only U.S. law)? Maryland
I was fined under a Student Judicial program for a infraction, copyright violation, I did not commit. I believe my roommate downloaded a song illegally but we were on the same network because one of the ethernet ports in my dorm room was broken. The University uses a balance of probability standard, so once they link an IP address to my name, the case is essentially over unless somebody confesses and takes the blame (my roommate won't).
I appealed the decision based on the fact that the Hearing Board's decision substantially departs from the provisions enumerated in the Student Code of Conduct but they denied my appeal (and did not even address the primary basis of my appeal).
I am wondering what gives Universities the right to fine students without consent. How do they have a claim on my assets through coercion (my "good standing"). I checked the online policy and there is nothing that suggests I am subject to fine for an infraction. Yet somehow they get $100 from me?
I have spoken to the Assistant Vice President of Student Affairs about the issue. She has not gotten back to me yet.
I spoke to the Director of Student Programs for about an hour (he is a lawyer on the University council). He made a ridiculous analogy... "if a person commits a murder on campus, don't we have a right to kick them out of the community?" I answered by saying first the university has no business saying who is guilty of murder. The other things are that the university owns the property of the murder, but not the copyright of the song (though they own the network used to download the song).
I didn't say this, but do they have the right to fine the student $100 before kicking them out?
I understand why the university could find me responsible and close my internet account. I understand why they could kick me off campus. I don't understand why they get to threaten me and take $100 without me somehow agreeing to something making me subject to fine. It is in the Student Judicial Policy, but I never "agreed" to that. I agreed to the responsible computing policy, but nowhere does it say I am subject to a fine for infraction (but that they may terminate my access).
Where does the legal idea that enrolling in a class makes one subject to fines (which could be anywhere from $1 to $10000, I'm assuming). Could this apply to admitted persons who are not yet registered for classes?
I was fined under a Student Judicial program for a infraction, copyright violation, I did not commit. I believe my roommate downloaded a song illegally but we were on the same network because one of the ethernet ports in my dorm room was broken. The University uses a balance of probability standard, so once they link an IP address to my name, the case is essentially over unless somebody confesses and takes the blame (my roommate won't).
I appealed the decision based on the fact that the Hearing Board's decision substantially departs from the provisions enumerated in the Student Code of Conduct but they denied my appeal (and did not even address the primary basis of my appeal).
I am wondering what gives Universities the right to fine students without consent. How do they have a claim on my assets through coercion (my "good standing"). I checked the online policy and there is nothing that suggests I am subject to fine for an infraction. Yet somehow they get $100 from me?
I have spoken to the Assistant Vice President of Student Affairs about the issue. She has not gotten back to me yet.
I spoke to the Director of Student Programs for about an hour (he is a lawyer on the University council). He made a ridiculous analogy... "if a person commits a murder on campus, don't we have a right to kick them out of the community?" I answered by saying first the university has no business saying who is guilty of murder. The other things are that the university owns the property of the murder, but not the copyright of the song (though they own the network used to download the song).
I didn't say this, but do they have the right to fine the student $100 before kicking them out?
I understand why the university could find me responsible and close my internet account. I understand why they could kick me off campus. I don't understand why they get to threaten me and take $100 without me somehow agreeing to something making me subject to fine. It is in the Student Judicial Policy, but I never "agreed" to that. I agreed to the responsible computing policy, but nowhere does it say I am subject to a fine for infraction (but that they may terminate my access).
Where does the legal idea that enrolling in a class makes one subject to fines (which could be anywhere from $1 to $10000, I'm assuming). Could this apply to admitted persons who are not yet registered for classes?
