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Higher Education Opportunity Act (HEOA) Compliance

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Higher Education Opportunity Act (HEOA) Compliance Plan for Combating Unauthorized Distribution of Copyrighted Materials
The Higher Education Opportunity Act (HEOA) was signed into law on August 14, 2008. Final regulations were issued on October 29, 2009.  Enforcement of the HEOA provisions formally began on July 1, 2010, and all colleges and universities are required to make a good-faith effort at compliance.
Several sections of the HEOA deal with unauthorized file sharing on campus networks, imposing three general requirements on all U.S. colleges and universities:

  1.    An annual disclosure to students describing copyright law and campus policies related to violating copyright law.
  2.    A plan to "effectively combat the unauthorized distribution of copyrighted materials" by users of its network, including "the use of one or more technology-based deterrents".
  3.    A plan to "offer alternatives to illegal downloading".

This Web page provides an overview of the policies, procedures, and other actions North Arkansas College has implemented as a ‘good faith’ effort to comply with this Federal Law.

Part 1: Informing the Community
Links to relevant North Arkansas College Web pages:

Part 2: Effectively Combating Copyright Infringement
Technology deterrent(s) used:

Currently, North Arkansas College’s firewall is used to block all known peer-to-peer applications and any application that is known to facilitate illicit copyright material distribution. This device is continually monitored and updated as new illicit applications are developed.

Administrative deterrent(s) used:

North Arkansas College views the safeguards that are in place as a layered approach to communication regarding copyrighted content, including:

  •    Acceptable Use of Technology Policy explicitly prohibits unauthorized use or distribution of copyrighted material.
  •    The Computer Use Policy explicitly states “No one shall copy, install, use, download, view, or distribute through college computing resources any photographs, logos, images, graphics, graphic elements, audio, video, software, html markup, data files, or other information in violation of U.S. copyright, trademark, patent laws, federal or state laws, or applicable licensing agreements, or college policy.

Procedures for handling reported infringement:

If the educational and technical efforts are not effective, and the College is contacted with a “Notice of Claimed Infringement” or similar infringement notification by a copyright holder, then the notice will be forwarded to either:

  •    The Vice President of Learning if the alleged offender is a student. The offense will be handled in accordance with the North Arkansas College student handbook guidelines.
  •    The Director of Human Resources if the alleged offender is an employee. The offense will be handled via the administrative process in accordance with the employee handbook guidelines.
  •    The City police department if the notification is 'criminal' rather than 'civil' in nature.

Periodic review of plan:

The current approach and plan are reviewed annually during the summer term. Criteria are primarily measured by increase/decrease in the number of infringement reported.

Part 3: Offering Legal Alternatives

Sinclair Community College provides a link to the EDUCAUSE maintained Web page listing of Legal Downloading resources at url: http://www.educause.edu/legalcontent