Computer Law Help!!!!!!

[e980238]

Around 10:18pm on January 8th I sent a fictitious e-mail to my boss in the IT department (who is practically my best friend) at Devry, and I pretended to be Alison Fisk out of the sheer curiosity to see if it would actually work. I was dissatisfied with the results so around 9:45 am on January 9th I connected my laptop to the school's network in the TCM lab. In order to gain access to the network, I used the IP address of off the computer I was sitting in front of.
Using the same method and also pretending to be Allison Fisk, I attempted to send out an e-mail to The head of the IT dept, stating that the school's e-mail server was hacked. I proceeded to shut down my laptop thinking it didn’t work, and went back on the school's computer. In the process of simply using the workstation, I went to my website to check my email. Someone sent me a link to a website which had the information on bogus e-mail server domain names and saw something interesting called NetBus.
I downloaded the program and explored it. It appeared to be an advanced client/server based program used to connect to remote computers and control them. It advertised that you had the ability to do things like open the CD drive, view the clients screen, what is being typed, and so on.
After several moments, three people from NSR came in and took over the workstation I was using, and instructed me to leave. Apparently they looked through the web browser's history and saw that I visited my own website, and deemed it a “hacking” website. They went through my entire website and found a forum entry that someone posted mentioning a flaw in Microsoft's operating system that would allow you to gain access to the password of the Administrator account. It would be my misfortune that Devry fits this criterion.
Devry said that I was putting a virus on the computer by using this program, but after some personal research I found that it is only an application, and unlike a virus it does not replicate itself. They were able to tell exactly which computer I was using because of the originating IP address in the e-mail's header of the email I sent out. What they didn’t know at the time, was that the IP address was not of the machine that was owned by Devry, it was my personal laptop.
I believe that besides a large misunderstanding, this is an unfortunate set of circumstances. For the punishment to be expulsion on the first offense seems quite harsh. Realistically, my letter to the head of the IT dept might have been inappropriate, and the installation of NetBus was against the school policy. In this appeal I would like to officially go on record apologizing to the head of the IT dept and Ms. Fisk, and also mention that “hacking” never took place. Honestly speaking and in hindsight, the installation of NetBus was a very large mistake.
The punishment of expulsion severely damages my credibility to move on to another college, and further my studies. If this appeal is denied, I would at least like the opportunity to withdraw from Devry so my record does not bar me from expanding my educational background. I hold a 3.6 GPA at Devry, and I can’t let that go to waste without a fight.

The bottom line is that I was expelled and they say that if I file an appeal that they are going to have me arrested for electronic fraud.

What do you guys think????

[Epidemic]

No Idea.

[krohnjw]

Well, as far as legally goes....you did fradulantly impersonate someone else by sending that email. So that is electronic fraud.
Also know that universities use the term hacking loosely and usually have a zero tolerance policy. Netbus is a network administration tool also commonly used as a trojan. By installing it on your workstation you opene it up to netbus connections. Also probably covered with a zero tolerance policy. It does appear just by what you did, not the nature of your actions, that you will fall under a zero tolerance policy and thus be expelled. The nature of your actions isnt whats important, its the fact that you did it. Now, they may be compassionate and not expel you, but doing so would open a large can of worms with any future incidents if they have a zero tolerance policy.

[e980238]

I just want to get a lawyer so that I may be able to get the expell off of my record and have it on there as a withdraw...I was expelled on monday

[nukes]

I was dissatisfied with the results so around 9:45 am on January 9th I connected my laptop to the school's network in the TCM lab. In order to gain access to the network, I used the IP address of off the computer I was sitting in front of.

SO you tried to hack the network without success and plugged your laptop in?
This would also not look good, especially as you installed a trojan on one of the schools computers.

[e980238]

I know I screwed up. Its just that as of now, I am just expelled, but the school says that if I appeal, they will get the authority involved. Hasnt thier time passed already to do this? Are they just trying to scare me into not appealing?

[jkrohn]

No, their time has not passed. They can choose to press charges at any time, unless they wait like seven years.

Jkrohn

[krohnjw]

Um no, they have what's the statute of limitations? 7 years or something? maybe longer, to take action on a crime.

[NeoStarO1]

Live and Learn, It can be a B****.

[Knothead]

I believe the general statute of limitations (on a non-capitol crime) is a year...

But if I were you, I would compose a letter of apology, and admit your mistake, and ask if they might see their way to expunge your transcript...could work, plus we assume you'll mind your manners around other people's comps in the future.