Legal Advice

[Jharrison]

Hello all my name is Jamie and i was just wondering if i could get some advice from you all. so il get straight to the point.

Ok i was formally a student of "Derby college" as up to about an hour ago. Ok i was expelled from the college for the following reason.

Aparantly i infected the college computer systems with a virus which in tern caused alot of disruption to college works.

Now i recieved a letter from the college telling me that i was suspended from college for 10 days and that they would be writting shortly to invite me to a disciplinary hearing. A few days after this letter arrived i recieved another one with the date of the hearing. I attended the metting today at 3:30pm. I went to the meeting and sat down with the numerous people from the college. Ok they basically told me a virus had infected a server of their network and that they had traced it back to me. They said that they had traced it back to me because i was the only person with the virus on my account before it infected the network. I of course denied that i did this. I said to them a virus could have come off my home computer on a removable sotrage device to the college systems. So in this case i thought if it was me then i didn't intentionally put it there so i thought that that would be that. I also argued the point that if it did come from my storage device that i do virus scans on this device and if my virus detection software didn't pick it up then i have done all i could. However they said it was a new type of virus and that their anti-virus did not pick it up and so it infected the college system. I would just like to know if i would have a chance to take this to court because the have basically expelled me for a virus which came from my account and their virus scanners didnt pick it up and also i didn't intentionally put it there. And they cant prove either that i did put it on the computer on purpose and also they cannot prove that i intended to harm the computer systems. Also at the end of the meeting they said "we can understand that it wasn't intentionally put on the system by you, But because you do an ICT course you should have been more aware of viruses, And we think that the college staff and it services can no longer trust you, And so we have decided to permanentally expel you from the college" Is this rite can they expell me for something that wasn't intentionally done and also it is not my responsibility to virus check my stograge it is infact their responsibility. would i have some chance of appealing againt this decision?

Totaled up they have no PROOF and i was still expelled.

Sorry for errors in spelling and grammer.

Any help i would appreciate.

Thanks

[BowBiz]

Phone around your local solicitors, many do half an hour free legal advice and will tell you if it should go any further.

Personally, i'd tell your parents or guardian, maybe they can ring the college and may be able to help and sort out this mess you are in.

Jayne

[mitov]

I agree with BowBiz. Tell you parents first before you do anything else. I doubt that a letter would overturn the decision, but you should still tell them.

My question is "Did you actualy do it?". You said that they had no proof you did it, but you have not justified yourself whether you had done it or not.

Of course i dont expect you answer that, but you should realise that IF you did it, you cannot expect to get away without even slight punishment, even if its 10 days exclusion. Well if you didnt do it, i cannot give legal advice as to what you should do.

On the other hand, i do think that they are being pretty harsh, having in mind they have no proof, as you say.


Miro

[bwglaw]

I cannot really advise you because it is related to education, an area I do not practice. However, I am sure you must have an opportunity to appeal the decision.

Are you a member of a Student Union? They would be the best people to assist you. If all else fails then I suggest a complaint to your Local Education Authority

Jonathan

[Jharrison]

Originally Posted by mitov

I agree with BowBiz. Tell you parents first before you do anything else. I doubt that a letter would overturn the decision, but you should still tell them.

My question is "Did you actualy do it?". You said that they had no proof you did it, but you have not justified yourself whether you had done it or not.

Of course i dont expect you answer that, but you should realise that IF you did it, you cannot expect to get away without even slight punishment, even if its 10 days exclusion. Well if you didnt do it, i cannot give legal advice as to what you should do.

On the other hand, i do think that they are being pretty harsh, having in mind they have no proof, as you say.


Miro

I have told my parents my mother was at the meeting, I understand that the Virus has come from me because it was found on my account but i did not intentionally put it there, it may have come of my pen drive USB stick. So the virus may have come off my computer at home. I do run virus checks and my computer didn't find anything. Also an intresting fact is that they told me my account was logged into on the Thursday and items deleted however i was not in college on the Thursday for any period longer then a few seconds. I can prove this because to enter the college we have to electronically swipe into the college turnstyles. And so they can see on the Thursday they can see i was in college for a few seconds to collect work from a freind waiting at the turnstyles.

I have been to see a cpnnexion advisor and i am going to be undertaking the appeal process as soon as i can. However it is up to the same women at the end of this process as the one that decided to expell me in the first place. So i just wonderd is there a higher person who could rule the college to let me back in?

Thanks for your help

[bwglaw]

Go to St Mary's Gate and speak to the Local Education Authority, or write to the Principal of the College. Get the Student Union involved

Jonathan

[Randomagenda]

I would have to agree you need to tell your parents....but they do seem to be making an exsample out of you!
mitov is right tho if you did do it theres not hope in hell you'll never win

you said that had defended your case at the hearing by saying
" also argued the point that if it did come from my storage device that i do virus scans on this device and if my virus detection software didn't pick it up then i have done all i could. However they said it was a new type of virus and that their anti-virus did not pick it up and so it infected the college system."

If you did check all you removable media for viruses then you arguee that you had done everything in your power to prevent a virus outbreak.
The only way to prove this is find out what virus it was, when the first outbreak was, and what antivirus programme they use. you could then find out if there software was equipt to detect that perticular virus at the time of the day the when you would have been infecting the collages system!

i would willing to help you find out but you need to know egsactly what virus it was!
let me know if you need help and good luck

[Jharrison]

Yes they told me the name of the virus during the hearing. I dont remember now exactly but they said it was a varient of an exsiting virus and it changes its name. I think the mentioned Clobber X or Clopper X something along those lines sorry i can't be anymore precise on that i will try and get that infomation for you. I am going to write letters to the Governors of the college also i will be in contact with the student union very shortly. I am trying to get hold of the ICT acceptable use policy from the derby college website but i can't find it, However i know it does not mention that students are not responsible for virus checking the storage devices anyway so this proves if anything i went beyond the call of duty so to speak and checked for viruses my self. Aparantly the college had to call there virus vendor to get them to create a fix. Il post on new infomation as soon i have it thank you for all you're help.

[bizNorthEast.co.uk]

threaten them, say you will take it to the papers, your local MP and solicitors.
Write a letter to the head or dean of school. Don't be afraid to be agressive with them. The computer misuse act is only applied if intentional, this wasn't.

[Jharrison]

Thats what i thought, If this appeal stage fall through then i will be writting to the newspapers and governors of the college. Alot of people think i have a valid case so im going to take it untill im back doing my college course, And if that means causing some bad publicity for the brand new college then so be it.