15.15 Monitoring Enforcement

The University shall have the sole and exclusive right to determine whether a User is in compliance with this Policy. In connection therewith, the University shall have the right to:

1. Monitor User activity and content on, and User use of, the IT Resources, for any purpose and in any manner determined by the University.
2. Terminate or suspend, temporarily or permanently, a user’s access to any or all the IT Resources; and/or
3. Take any other action deemed necessary by the University if the University believes that a violation of this Policy has occurred or likely will occur, including, without limitation, referral of illegal activity to law enforcement.

The University shall have the right to fully cooperate with law enforcement authorities and court orders in connection with any investigation of User conduct in connection with the IT Resources. Such cooperation may include, but shall not be limited to, disclosing a User’s identity, provided that such disclosure is made in compliance with all applicable laws. For the avoidance of doubt, any Data of a student User that meets the definition of an Education Record under the Family Educational Rights and Privacy Act (FERPA) will only be disclosed without the student’s consent if the disclosure is permitted by FERPA, which includes the disclosure of education records to comply with a judicial order or lawfully issued subpoena. FERPA protections do not extend to the records of FNU’s law enforcement unit. For additional information, please refer to the University’s policy on FERPA in the University Catalog.

To the fullest extent permitted by law, each user agrees to hold the university and its officers, directors, employees, agents, representatives, affiliates, and service providers harmless from any claims in connection with action taken by the university in connection with any such investigation or cooperation, provided that such action is in compliance with all applicable laws.

No portion of this Policy may be waived by any University employee. The failure of the University to enforce any of the terms of this Policy, or to exercise any right herein, shall not operate to or be construed as a waiver or relinquishment of any of the requirements, or any of the University’s rights hereunder, with respect to further conduct. A violation of any portion of this Policy shall be grounds for disciplinary action up to and including termination of employment (with respect to employees) or expulsion from the University (with respect to students), in the University’s sole and absolute discretion, subject to all applicable laws, rules, and regulations.