Academic Integrity

In the event a faculty member suspects an instance of academic dishonesty, the faculty member will:

• Discuss the suspected infraction directly with the student(s) involved and provide to the student the materials or evidence related to the suspected infraction. At the faculty member’s or student’s discretion, the School Dean, Department Chair or a faculty colleague may be present during this discussion as a witness.
• Make copies of relevant materials before showing them to the student(s) for any approved amendment or revision.
• Discuss the suspected infraction and the documented evidence with the Department Chair, Dean or a colleague if collegial advice is desired. In all such cases, the privacy of the student(s) involved must be protected.
• Make a decision based on the evidence.

If the faculty member decides a student has violated the academic integrity policy, the faculty member will:

• Determine appropriate sanctions; sanctions may include warning the student or reducing an assignment, exam, or course grade
• Discuss the sanctions with the student and explain the appeals process.
• Notify the Provost in writing of the incident. This document should include: information about the course, the faculty involved and the student(s) involved; the time and date of the incident and a description of the incident and any evidence that indicates an infraction of academic integrity; any sanctions imposed by the faculty member in response to this incident; and a confirmation that the faculty member has discussed with the student the incident, any sanctions imposed, and the student’s right to appeal the faculty member’s decision.

The instructor’s decision and sanction will be reported to the Provost when the student is notified of the instructor’s decision. Every student found in violation of the academic integrity standards will be informed by the Provost of the decision and sanction and of their right to submit a written appeal of either the finding and/or the sanction.

Student appeals must be made in writing to the Provost within 10 days of the notification of the sanction by the Provost to the student.

Students appealing the finding and/or sanction(s) of an academic integrity violation will have their appeal directed by the Provost to a subcommittee of Academic Council. This committee will be convened by an academic Dean (who will vote on the appeal only in cases of a tie) and will consist of two faculty members and two student members. If student members of Academic Council are not available, student members of the Student Conduct Board or the Student Appeals Board may serve on the appeal committee.

Only in case of a procedural error by the Appeals Committee or when new evidence is available may students appeal the decision of the Appeals Committee. This last appeal in writing to the Provost must be received within 10 days of the notification of the decision of the Appeals Committee. The decision of the Provost in response to this appeal is final.

Students who are found to have violated the College’s academic integrity policy more than once may have a sanction imposed by the Provost in addition to the sanction levied by the course instructor. The additional sanction imposed by the Provost may include (but is not limited to) academic probation, academic suspension or academic dismissal. Should the Provost impose an additional sanction, students have the right to appeal the sanction to an appeal committee comprised of the College’s Academic Deans, the Dean of Students, and the Chair of the Faculty Assembly. Students will be informed of their right to appeal a sanction imposed by the Provost. Appeals must be made in writing to the Provost within 10 days of the imposition of the sanction by the Provost.

In addition to these policies, Berry College has a formal Student Complaint Policy. That policy is used in cases where there is no published policy/appeals process or in cases where a student has exhausted the published policy/appeals process. This policy is designed

• To ensure consistency in the handling of complaints,
• To provide a process for students to appeal when they believe the college did not follow a written process/policy,
• To provide a process for the resolution of complaints where no written process/policy exists,
• To track formal complaints and their resolution as required by federal regulation, and
• To help students learn how to advocate for themselves through formal processes.

Procedures for Submitting a Written Formal Student Complaint

Before filing a Student Complaint:

1. Berry College has several written appeals processes delineated in the Berry College Catalog, the Viking Code and on the college website. In all cases, students should complete these processes prior to lodging a written complaint. Among the policies in place:
   • The Berry College Catalog contains policies to address/appeal academic integrity violations, grade appeals and general academic/course-related concerns or appeals.
   • The Berry College Catalog contains policies regarding tuition charges and the payment of tuition, eligibility for and awarding of financial aid and the refund of tuition and fees.
   • The Viking Code contains policies to address/appeal student conduct violations and sanctions imposed through the conduct process.
   • Berry College has a Title IX: Sexual Misconduct policy to address concerns related to sexual assault and sexual harassment. The policy is located on the Campus Complaint Form.
2. In most cases where there is not a written policy, concerns/complaints may be resolved by first meeting with the office, faculty, staff or student directly. If that is not possible or if that meeting does not resolve the 60 complaint, students should meet with the supervisor of the office, faculty or staff directly. Students should speak with the appropriate person(s) to seek resolution prior to lodging a written complaint.

Filing a Student Complaint:

1. All formal written complaints must be filed using the online Campus Complaint Form. The Associate Dean of Students is available to assist any student needing help submitting a complaint.
2. All student complaint forms and supporting documentation submitted through the online system will be routed to the appropriate Vice President for review and investigation. Complaints not designated for a specific Vice President will be sent to the Chief of Staff, who will review the complaint and respond or forward it as necessary to the appropriate Vice President for review and investigation. The Vice President investigating the complaint may request additional documentation or interviews with students, faculty, staff and administrators.
3. The appropriate Vice President will respond to the complainant and strive to resolve the complaint within ten business days. The student will receive written communication of the resolution of the complaint.
4. A student may appeal the decision of a vice president or chief of staff directly to the president by letter delivered to the office. The president will respond to the student in writing, normally within ten business days of receipt of the complaint. The decision of the president is final.
5. All student complaints will be kept on file for four years.

In support of the College’s mission of teaching, service and work, the Office of Information Technology provides computing, networking and information resources to the college community. Users are responsible for using these resources in an effective, efficient, ethical and lawful manner. All existing laws (local, federal and state) and college regulations and policies apply, including not only those laws and regulations specific to computers and networks, but also those that may apply generally to personal conduct. Using Berry College’s Internet access and electronic communications services means that one has read this acceptable use policy and agrees to abide by the guidelines.

The use of Berry resources is granted to authorized users primarily for education, research, service and administration. Berry College encourages an environment in which ideas can be freely exchanged along with a commitment to academic freedom. It is the user’s responsibility, however, to practice the following:

• Comply with all federal, state and other applicable laws; college policies and procedures; and all contracts and licenses.
• Respect and honor the rights of others regarding intellectual property, privacy, freedom from harassment, academic freedom, copyright and use of IT resources.
• Properly store college data and documents only in appropriate, designated locations and on college-owned and managed devices.
• Make regular backups of information and files as appropriate and store those backup files in a secure location.
• Regularly delete files from one’s accounts on shared computing resources (i.e., file servers or “shared drives”) according to campus or departmental retention policies.
• Maintain the confidentiality, integrity and availability of computer systems and information on all devices under their control to prevent loss, theft, damage or inappropriate disclosure.
• Properly secure all mobile devices with sensitive data (FERPA, HIPPA, etc.) and encrypt all files per the guidelines in the Mobile Computing Policy.
• Never share passwords with others and use only the passwords and privileges associated with your account and for the authorized purpose(s). Users must respect the privacy of other users and their accounts, regardless of whether those accounts are properly protected.
• If unauthorized account activity is suspected, users should report it to the technical support desk and change the password immediately.
• Use college-provided software in a manner that abides by licensing provisions, including installation, use, copying, number of simultaneous users and other license terms.

Users are accountable for their conduct under all applicable college policies and procedures. Misuse of computing, networking or information resources may result in the loss of computing privileges and could result in prosecution under applicable statutes. Complaints alleging misuse of campus computing resources will be directed to the Provost (faculty), Vice President of Student Affairs (students) or the Vice President for Business and Finance (staff) for review. In each case, the Vice President will investigate the alleged misuse and render a determination with sanctions, if appropriate. Illegal reproduction of software protected by U.S. Copyright Law is subject to civil damages and criminal penalties including fines and imprisonment. Activities will not be considered misuse when authorized by appropriate college officials for security or performance testing.

Examples of misuse include, but are not limited to, the activities in the following list:

• Using a computer account or password other than one’s own. Never share your computer account or disclose your password to anyone.
• Using the campus network to gain unauthorized access to any computer or network.
• Performing an act which interferes with the normal operation of computer systems or networks.
• Knowingly running or installing on any computer system or network, or giving to another user, a program intended to compromise, damage or place excessive load on a computer system or network. This includes but is not limited to programs known as computer viruses, remote access Trojans, worms and malware.
• Uploading or storing confidential Berry data or documents in an unauthorized location. This includes but is not limited to personal file storage accounts like Dropbox or Google Drive, and AI services that have not been authorized.
• Attempting to circumvent data protection methods or uncover security vulnerabilities.
• Violating terms of applicable software licensing agreements or copyright laws. This includes the downloading of copyrighted material such as audio and video files for which the copyright owners have not granted rights.
• Intentionally accessing, downloading, uploading, receiving, displaying or sending materials that include content that is in violation of any existing local, state or federal restrictions or laws.
• Sexually explicit content and vulgar, sexist, racist, threatening, violent or defamatory language.
• Masking or tampering with the identity of an account or machine.
• Attempting to monitor or tamper with another user’s electronic communications, or reading, copying, changing or deleting another user’s files or software without the explicit agreement of the owner.
• Using the college’s electronic mail and/or equipment for solicitation, political communication, advertising, or for any commercial purpose unrelated to official college business.
• Connecting and operating unauthorized wireless access points, switches and/or routers on the campus network.

Berry email is an official means of college correspondence. All students, faculty and staff should check their email on a regular basis, preferably at least once per day. It is the responsibility of all faculty, staff and students to properly maintain their email account. Email accounts may remain active for students for life. Employee accounts will be deactivated on the last day of employment or at a later date if the employee has made arrangements with the Office for Information Technology. Retirees may request to keep email accounts.

Berry College permits occasional and reasonable personal use of its Internet and email services provided this does not interfere with work or educational performance. These services may be used outside of normal work and academic scheduled hours, as long as such use is consistent with professional conduct.

Federal and state laws exist that mandate the preservation of data, including communications and documents stored or transmitted in electronic format, in certain circumstances. The college may be legally obligated to preserve data when it is directly or indirectly related to a subpoena, a request for production or is relevant to any possible issues where litigation or court process may be involved. This may include electronic communications and any other documents stored or transmitted in electronic format. All users are required to comply with requests from the Office of General Counsel, outside counsel, and/or the Office of Information Technology, by cooperatively assisting in the identification and preservation of such data to the greatest extent possible. Failure to comply and cooperate with such notices and requests, and/or willfully or knowingly obstructing or hindering the gathering and preservation of such data in any fashion, may subject the College to sanctions and increased liability. This will be considered a violation of this policy and subject the user or users to disciplinary action.

Copyright grants authors and creators exclusive rights that protect their work, including writings, music and images. These protections include the right to control who can reproduce, distribute, prepare derivative works, perform, and display the work publicly. Copyright also ensures that creators receive recognition and potential financial benefits for their original works and contributions. It is a matter of legal and ethical responsibility to respect these rights.

“Fair use” is a principle of copyright law that allows for limited use of copyrighted materials for educational purposes without the permission of the author/creator. Under this exception, copyrighted works can be used in criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and/or research.

The following four factors should be considered when determining “fair use”:

• The purpose and character of the use: How is the source being used? Is it for commercial purposes (are you making money off it) or is it for nonprofit, educational purposes? Courts may also consider whether the use can be considered “transformative,” adding something new to the work with a different purpose or character.
• The nature of the copyrighted work: Is the work more creative or factual? Works that are factual are generally more likely to qualify for fair use, whereas creative works more often require permission to avoid copyright infringement.
• The amount and substantiality of the portion used: What percentage of the entire work is being used? Is the portion used considered the “heart of the work?” Using a smaller portion is more likely to be considered fair use.
• The effect upon the potential market for or value of the copyrighted work: This factor is often considered to be the most critical. Uses that supersede the intended use of the original work within its market are less likely to be considered fair use. If there is a way to purchase permission to use a work, unpaid use may weigh against fair use.

Educational use does not automatically qualify as fair use, as all four factors must be weighed together. For more detailed guidance on applying these principles to specific types of sources, including exceptions, please refer to Memorial Library’s Copyright Guide, https://libguides.berry.edu/copyright. Generally, copying should be limited to only what is necessary for the educational purpose and should not negatively impact the market for the original work.

When your intended use of copyrighted material goes beyond what is considered fair use, you must obtain permission from the copyright holder. To request permission, you should:

• Identify the title, author, edition and copyright date of the work.
• Clearly specify the exact pages, chapters, images or other portions you wish to use.
• State the number of copies you intend to make and the specific purpose of your use, including the course name and number if applicable.
• Provide your full name and contact information, including your affiliation with the institution.

Common ways to seek permission include contacting the publisher's permissions desk or utilizing the Copyright Clearance Center (CCC), www.copyright.com. Be sure to request permission well in advance (recommendation is six weeks) of when you need the material, as the process can take time. If you do not receive a response to your request, you cannot assume that permission has been granted.

Examples of activities that generally constitute inappropriate use and are likely to be copyright infringement include:

• Using copyrighted materials for commercial purposes, promotional purposes or personal profit without obtaining prior written authorization.
• Providing copyrighted materials publicly online and without access restrictions in a manner that could harm the market for the original work.
• Using entire copyrighted works or substantial portions when a smaller portion would suffice for educational purposes.
• Violating the terms of license agreements for databases, electronic periodicals, software or applications.
• Creating, replacing or substituting for anthologies, compilations or collective works through unauthorized copying.
• Making copies of copyrighted materials for which students are charged beyond the actual cost of photocopying.
• Making unauthorized copies of “consumable” works such as workbooks, exercises, standardized tests and answer sheets.
• Copying materials and media as a substitute for the purchase of books, publisher reprints, periodicals, music, video, images and graphic design.
• Digitizing, downloading, or screen capturing copyrighted music, audio, video, images and graphic design elements for use within creative works and communications that are published, posted or distributed.

Violations of copyright law can have serious legal and institutional consequences. Copyright holders can pursue legal action for infringement, which may result in significant monetary damages. Statutory damages can be up to $30,000 per act of infringement for negligent or unintentional infringement and increased to as high as $150,000 per act if the infringement is found to be willful. The infringing party may also be held responsible for the copyright holder’s attorney’s fees.

In addition to legal penalties, Berry College also has policies regarding copyright compliance within its Acceptable Use Policy. Failure to comply with this Copyright Policy may result in sanctions including, but are not limited to, written warnings, loss of access, rights to information technology resources, suspension of privileges and for faculty and staff, potential suspension or termination of employment. It is the responsibility of all members of the Berry College community to understand and adhere to copyright law and this policy.

If you have any doubts about whether a particular use of copyrighted material is permissible, please seek guidance from Memorial Library or Danny Price, General Counsel, dprice@berry.edu.

Agent to Receive Notification of Claimed Infringement:

This is to notify copyright owners that the agent to receive infringement statutory notices under the Digital Millennium Copyright Act is Dan Boyd, Director of Information Security, dboyd@berry.edu.

A copyright owner needing to send such notice to Berry College should submit the notice in writing to:

Dan Boyd, Berry College
P.O. Box 495035
Mount Berry, GA 30149
Email: infosec@berry.edu
Phone: 706-236-1750

Review Dates: September 25, 2025

Any user of Berry College technology resources who violates the acceptable use or other college policies or applicable local, state or federal laws may be subject to appropriate disciplinary actions up to and including termination of access, disciplinary review, expulsion, termination of employment, legal action or other appropriate disciplinary action. Schools and departments shall not adopt rules that reduce full compliance with applicable local, state or federal laws or the policies and procedures of the college.

This policy is periodically reviewed by Information Technology staff and the Information Technology Committee. Recommendations for changes or additions to this policy will be referred to academic council and administrative council for approval. Information technology resources and systems are changing rapidly and the college reserves the right to amend this policy at any time.

Date issued: April 17, 2014

Review Dates: September 25, 2025
October 7, 2021
August 15, 2019
August 31, 2017

Under provisions of the Family Educational Rights and Privacy Act of 1974, as amended, students have the right of access to official records maintained on them by Berry College. A student may inspect and review her or his educational records by filing a written request with the registrar. Although access may be normally obtained without undue delay, officials are permitted a 45-day period within which to respond to any request.

The Family Educational Rights and Privacy Act of 1974, as amended, also provides that the following categories of information may be released by the college as public unless the student chooses to have the information withheld. Such information may be released routinely to certain inquirers and the news media unless the student requests in writing the fall semester of each year that this list be withheld. Directory information includes name, address (including home, residence hall and room number and local off-campus address), current telephone listing, place of birth, major field of study, participation in officially recognized activities and sports, weight and height (if a member of an athletic team), dates of attendance (including current classification and year, matriculation and withdrawal dates), degrees, awards and honors received, including dates granted, the most recent previous educational agency or institution attended, Berry email address, status (full-time/part-time) and identification photograph.

Without the student’s written consent, Berry College does not release confidential information to anyone other than Berry College personnel requiring information for the proper performance of their duties; organizations conducting studies for educational and governmental agencies; accrediting agencies; appropriate persons in case of health or safety emergencies; agencies or offices in connection with the student’s application for or receipt of financial aid; governmental officials, as identified in Public Law 93-380; parents of dependent children, as defined in the Internal Revenue Code of 1954; and an appropriate official in response to a court order. Students who wish to release to parents routine grade reports or other official correspondence must complete a signed authorization form with the Office of the Registrar.

Berry College admits students of any race, creed, color, sex, national and ethnic origin or qualified handicap to all the rights, privileges, programs and activities generally accorded or made available to students at the college. Berry does not discriminate on the basis of race, creed, color, sex, national and ethnic origin or handicap in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other college-administered programs. Under the provisions of the Family Educational Rights and Privacy Act of 1974, as amended, Berry College permits the student access to educational information maintained on him or her by the institution. These policies pertain to all students – both undergraduate and graduate – except where noted.