University of Derby Online Learning Take-Down Policy

A. General

The University of Derby ("University") reserves the right to remove content from its Virtual Learning Environment ("Content") at its discretion for any professional, administrative, legal, or other reason. The University strives to ensure that it has all required permissions in relation to Content presented on its Virtual Learning Environments. Therefore, it is expected that the need to take-down any such Content for legal or similar reasons shall rarely arise.

This take-down policy (the "Policy") has been developed to balance any legitimate rights of third parties and the damage which may arise from the wrongful removal of such Content. The Policy also carefully balances the time taken to verify a complaint and the potential damage caused to students' should the Content be removed without good reason or face limited availability.

This Policy, along with the template for complaints below, provides clear instructions in the rare case that one may need to make a complaint.

If you believe, in good faith, that copyright infringement or other breach of any applicable law has taken place, please follow the instructions below. The University shall diligently examine your complaint on the back of the evidence provided.

The University reserves the right not to examine complaints that are not supported by evidence or that are obviously frivolous and unsubstantiated.

The instructions include:

1. Contact details for the Complaints Officer responsible for the take-down and administration of complaints
2. An outline of the process
3. A form for notifying the University of the complaint

B. Take-down procedure

If you wish that Content on the University 's Virtual Learning Environment shall be taken down or credited to you, we ask that you, or an authorised agent, contact us providing the information requested in our complaint form.

In order to best process your complaint, please provide the information requested using the complaint form. If you require any assistance completing this form, please do not hesitate to get in touch with our Complaints Officer at UDOLContent@derby.ac.uk.

The complaint shall be acknowledged within three working days of receipt and, provided there is sufficient evidence to warrant removal during the examination phase, the Content shall be temporarily suspended within seven working days from acknowledging the complaint. Removal of Content shall not in any way be taken to mean acceptance by the University of there being a copyright infringement or breach of other applicable laws.

The University shall then have 28 working days to examine the complaint and resolve the matter. The University shall favour a swift and amicable resolution to the satisfaction of all parties involved. Possible outcomes include, but are not limited, to the following:

1. Content is left unchanged, or
2. Content is replaced with changes, or
3. Content is permanently removed from the repository, or
4. Credit to the author or contributor of the Content is given

D. Action to be taken on receipt of a complaint

Upon the receipt of a complaint regarding Content, the Complaints Officer shall:

1. Aim to acknowledge receipt of such complaint via email communication within 3 working days of receipt of the complaint
2. Refer the complaint to the appropriate people in the University for examination and resolution, including temporary removal of the Content when this is reasonable

E. Resolution

It is in all parties' interest that complaints are resolved promptly. It is therefore important that you collaborate with us in order for a resolution to be reached as early as possible. The University shall aim at reaching a resolution within 28 working days from acknowledging receipt of the Complaint. Where, on the balance of probabilities, the complaint is verified the Content shall be permanently removed from the University Virtual Learning Environment. As a reminder, it is on the complainant to provide all evidence required to prove their complaint.

The University of Derby reserves the right to withdraw, change or otherwise modify this Policy at any time.

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