03:27:00 Distance Education

PURPOSE

The purpose of this policy is to establish the criteria and process for the delivery of Distance Education programs and courses. Distance Education is an established and effective method for extending flexible educational opportunities. To provide the citizens of Tennessee with greater access to postsecondary education, Walters State Community College affirms the effectiveness of Distance Education; recommends the use and development of teaching and learning technologies, materials, and methods; and takes advantage of such opportunities in carrying out its individual mission. 

DEFINITIONS

• Distance Education - a multimedia method of instructional delivery that can include a mix of online (web-based) instruction, streaming video conferencing, face-to-face classroom time, television, telephone, radio, computers or interactive video, or other combinations of electronic and traditional educational models using present and/or future electronic and telecommunication technology.

Distance Education can be executed in a variety of ways and is consistent in that there is some degree of physical separation of the teacher and the learners. Communication, instruction, and assessment take place through, or are supported by, technological means with a focus on student-to-student, student-to-content, and instructor-to-student interaction.

• Traditional on-ground instruction - refers to instruction in a traditional brick and mortar classroom with a live instructor.
• Copyright - Under Federal law, copyright applies to any “original work of authorship fixed in any tangible medium of expression.” (17 U.S.C. § 102(a)). Generally, the owner of a copyright has the exclusive rights to reproduce the work, to prepare derivative works, to distribute copies by sale or other transfer of ownership, and to publicly display or perform the work. (17 U.S.C. § 106).
• Work Made For Hire - An employer owns the copyright to a work of authorship when the work was created by an employee within the scope of his/her employment. Some kinds of work can also be owned by the institution as a work made for hire if it is specially ordered or commissioned under a written contract signed by the two (or more) parties. (17 U.S.C. § 101, § 201 (b)).
• Fair Use -The Copyright Act provides for some exceptions to the exclusive rights of the copyright owners. One of these exceptions permits fair use of a copyrighted work for purposes such as teaching, scholarship, or research. (17 U.S.C. § 107). The four factors to be considered in determining fair use are:
  1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.

• Joint Work - A work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. (17 U.S.C. §101).
• Collective Work - Work such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. (17 U.S.C. § 101).
• Compilation - A work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term “compilation” includes collective works. (17 U.S.C. § 101).

POLICY

1. Requirements and Standards

1. All Distance Education courses offered by Walters State will meet the academic requirements and quality standards of the traditional academic courses, maintaining the college mission, nature, level, goals, and outcomes, as outlined in 00:01:00 Vision and 00:03:00 Mission.  
2. The courses offered through Distance Education will bear the same title, credit, and code as the traditional course, as outlined in policy 03:01:01 Definition of a Credit Hour.
3. Students will have the opportunity to evaluate the course and instructor via the same methods as the traditional course as outlined in Policy 06:04:02 Evaluations of Faculty.
4. Students enrolling in Distance Education courses must meet the same admissions requirements as students in the traditional course as outlined in Policy 04:04:00 Admissions.
5. Faculty teaching Distance Education courses fall under the same accreditation requirements as those teaching traditional courses, as outlined in Policy 02:01:00 Accreditation and Program Review.
6. Distance Education courses will ensure timely feedback and interaction between students and instructors. Interactions come in a variety of forms, including but not limited to large group discussions, individual interactions, and/or a mix. These interactions can take place through a variety of formats including electronic, telephone, or other digital means.
7. Distance Education courses will contain equitable procedures for monitoring and assessing student performance in comparison to the traditional course.
8. Distance Education courses will provide a means of monitoring student attendance as outlined in Policy 04:08:00 Student Class Attendance.
9. Students taking Distance Education courses will have access to WSCC student services, including but not limited to library resources, facilities/laboratories relevant to course, advising, financial aid, course specific equipment, tutoring services, disabilities services, and counseling services.
10. Students taking Distance Education courses have the same rights as students in traditional courses as outlined in policies 04:30:00 Student Complaints, 04:31:00 Student Rights and Freedoms, and 03:19:01 Grade Appeal Procedure.
11. Students taking Distance Education courses are responsible for adhering to rules within the Student Handbook, including but not limited to General Regulations on Student Conduct and Disciplinary Sanctions.
12. Walters State maintains the privacy of the student by using a secure username and password process. This process also ensures that the student who registers for the class is the same student who participates in and receives credit for the course. These policies are outlined in policies 08:08:01 Computer User Accounts, 08:08:08 Acceptable Use, 06:47:00 Identity Theft Prevention, and 08:08:11 Informational Technology Password Reset.
13. Distance Education courses will make available any additional charges associated with Distance Education courses at the time of registration.
14. Distance Education courses will offer additional pertinent information, such as proctoring procedures to the student at the time of registration.
15. Distance Education courses clearly define the technology requirements in the mode of delivery through distributing the Student Responsibilities in Taking an Online Class document.
16. Distance Education courses are designed and maintained by credentialed faculty.

II. Applicability of Board Policies

1. Unless otherwise provided, all TBR, accrediting agency, and WSCC policies, standards, and guidelines for on-ground instruction apply to Distance Education instruction.
2. Applicable policies include, but are not limited to:

1. TBR Policy 2:01:01:00 Academic Program Approval; WSCC Policy 03:22:00 Adding and Modifying Courses and Programs.

          2. TBR Policy 2:03:00:00 Admissions; WSCC Policy 04:04:00 Admissions.

          3. TBR Policy 2:03:01:01 Undergraduate Academic Retention Standards; WSCC Policy 04:15:00 

              Satisfactory Academic Progress.

          4. TBR Policy 3:05:01:00 Regulations for Classifying Students In-State and Out-of-State for the 

              Purposes of Paying College Fees and Tuition and for Admission Purposes.

          5. TBR Policy 5:02:02:30 Guidelines for Faculty Promotion Recommendations at TBR Community

              Colleges; WSCC Policy 06:05:00 Guidelines for Faculty Promotion Recommendations at

              TBR Community Colleges.

          6. TBR Policy 4:01:03:00 Tuition, Fees, Charges, Refunds, and Payments.

          7. TBR Policy 2:01:01:02 Inter-institutional Relationships and Off-Campus Offerings.

III. Funding of Distance Education

1. For the purpose of reporting and appropriations, no distinction shall be made between student credit hours generated through Distance Education and those generated through on-ground instruction.
2. Students taking an online, hybrid, DVC, video streamed, or other alternate delivery mode course pay a Distance Education Fee of $10.00 per credit hour, as noted on the Tuition and Fees section of the WSCC website.
3. The Distance Education Fee will be assessed for courses taught in an online, hybrid, or video-streaming format and will be used to help fund training for full-time and adjunct faculty needed to keep them current with teaching tools and software advancements necessitated by ever-changing technology and the demands of increased access.
4. Oversight of the Distance Education Fee is provided by the Distance Education Fee Committee, as defined in Section 11 of the Policies and Procedures Manual “College Advisory Councils and Committees.”

IV. Administration of Distance Education

1. Teaching and learning delivered online must be offered using the TBR-contracted learning management system (LMS). Courses offered through the LMS that contain publisher courseware or synchronous delivery methods must initiate through the LMS, i.e., students will access the publisher material by way of system integration with the LMS or by direct links from the LMS.
2. WSCC will participate as a partner in TN eCampus and abide by the policies and procedures established by TN eCampus governance and documentation. To this end, Walters State will designate appropriate and participating representatives to the TN eCampus Oversight Committee, Curriculum Committee, and other governing committees and councils. WSCC must offer to their students all TN eCampus courses that align with their local programs and curriculum (with the exception of courses for which there are no institutionally approved faculty). WSCC may offer their own online courses and fill their sections first, but when their local sections are full, sections of TN eCampus courses must be offered as an alternative.
3. Course developers and instructors of each online course must comply with federal guidelines for accessibility as directed by TBR , Section 508 of the Rehabilitation Act, and the Americans with Disabilities Act. Course developers and instructors utilizing materials that are not accessible must provide a written plan for alternate access.
4. Instructors shall ensure compliance with all applicable copyright laws concerning the reproduction and use of printed and digital materials and the use and transmission of all media, recordings, performances, or other protected works.

V. Program Planning and Implementation

   A. The purpose of this policy is to establish the criteria and process for the delivery of Distance Education programs and courses. Distance Education is an established and effective method for extending flexible educational opportunities. To provide the citizens of Tennessee with greater access to postsecondary education, Walters State Community College affirms the effectiveness of Distance Education; recommends the use and development of teaching and learning technologies, materials, and methods; and takes advantage of such opportunities in carrying out its mission.

   B.  Distance Education has the following goals:

        1. Offer courses that are accessible, affordable, and of high educational quality;

        2. Offer courses in a variety of delivery modes, included but not limited to online, hybrid, video streaming, and desktop video;

        3. Offer courses via TN eCampus; 

        4. Provide training and support for teaching and learning technologies;

        5. Train faculty in current teaching technologies and pedagogies;

        6. Train faculty for mobile learning initiatives

        7.  Organize and execute the college’s Review of Online Courses in accordance with SACSCOC

             Distance and Correspondence Education Policy Statement

   C. Distance Education offers the following assessments of goals:

        1. QAF Satisfaction Studies (i.e. SENSE and CCSSE)

        2. Personnel Evaluations 

        3. Training Surveys

        4. Annual reporting of objectives and accomplishments

        5. Online course reviews

        6. Opinion of Teaching and Course Survey (student survey)

        7. Survey of TN eCampus developers and sectional faculty

   D. Faculty, administrators, and other support personnel involved in the development and implementation of Distance Education have clearly defined roles, responsibilities, and duties as can be seen by their job descriptions.

   E.  Faculty teaching in Distance Education receive specialized training in online teaching and learning practices and in the use of related technologies.

        1. The director of Instructional Design in consultation with the Faculty Development Committee, Teaching and Learning Committee, and/or Mobile Learning Committee determines training.

        2.  Training opportunities may be repeated and refreshed often as technology and best practices change.

   F. Walters State determines teaching load equivalents and faculty compensation for Distance Education, including compensation for course development and course maintenance in accordance with Policy 03:04:00 Faculty Teaching Schedules and Teaching Load and Policy 03:04:01 Summer Teaching.

   G. The institution makes academic and administrative information available to online students. This information may include but is not limited to: exams, grading, student-faculty interaction, proctoring, the provision of support services, and registration and fee-payment procedures.

   H.  Consortium agreements among two or more institutions for the procurement, development, production, or transmittal of online courseware and materials should always be considered.

    I.  Whenever possible and to realize the greatest savings, the acquisition of technology, software, and other course-related materials should be made through the Tennessee Board of Regents’ Media Consortium.

PROCEDURES

1. Ownership of Copyrightable Materials

      A. General Policy

           1. TBR Policy 5:01:06:00 on Intellectual Property provides the overall guidance for ownership of copyrightable materials. The institution has an interest in the copyrightable materials if:

               a. The institution sponsors the project; or

               b. There is significant use of the institution’s facilities, services, or equipment in the creation of the work; or

               c. The project is sponsored through the institution by agencies or persons outside the institution. (The contract terms of externally sponsored projects will control ownership of work done pursuant to the contract or grant.)

           2. Policy 5:01:06:00 gives ownership to faculty of their “scholarly and creative works.”

               a. Under this Policy, a faculty member or other institutional employee also retains title to the copyrightable work if the work was developed solely through individual work on personal time.

           3. Policy 5:01:06:00 defines “significant use” of institutional resources as cost to the institution in the amount of $1,000 or more.

               a. Use of office computer equipment alone is not considered a significant use of Walters State resources.

               b. This procedure provides more specific guidance about copyright ownership in the context of Distance Education.

      B. Scholarly Works

           1. The Walters State wishes to encourage scholarly works. Therefore, Walters State will not assert an interest in scholarly works and creations related to the faculty member’s professional field. These include:

               a. faculty-authored textbooks

               b. scholarly writing

               c. art-works

               d. musical compositions 

               e. dramatic and non-dramatic literary works 

           2.  Online course materials and/or multimedia materials that are in the nature of scholarly works created by faculty under the same circumstances that would lead faculty to create more traditional scholarly works will be treated as scholarly. 

           3.  Scholarly work in this context would include course materials created by the faculty when the factors listed in II C and D, below, are not applicable.

           4.  If the institution wants to use such a work and/or share in its commercialization, the institution should secure the desired rights in a contract with the faculty member.

      C. Student Work

           1. This policy does not apply to students in the absence of an employment or other contract.

           2. Generally, ownership of student works is controlled by copyright law.

      D.  Works for Hire

            1. It is very important to have a written agreement assigning responsibility and rights at the beginning of a project.

      E.   Scope of Employment

            1. The institution/school will have sole ownership of intellectual property created by its non-faculty employees within the scope of employment. 

                 a. For example, if an institution employs a non-faculty person to design a computer program or to develop a promotional video, the copyright to the program or video belongs to the institution.

            2. The institution should ensure that the job description for each relevant non-faculty position includes the creation of or the assistance with the creation of Distance Education materials.

       F.  The institution should also be certain to add to the TBR form employment contract, either on initial hire or with contract renewal, language which specifies that such works are made in the scope of employment.

       G.  In cases where there is a new assignment to the employee, an agreement in writing signed by both the employee and an institutional representative is strongly urged.

            1. Materials created by faculty members for use in Distance Education will be solely owned by the institution where:

                 a. The faculty is required to create the materials for a specific class or department by written institution or department policy (e.g., common core course requirement);

                 b. The faculty member is given release time to create the materials; or

                 c. The faculty member is employed and compensated to create specific intellectual property/online education materials.

            2. In all cases, the institution and the faculty member should sign a “Work for Hire Acknowledgment Form”

      H.   Commissioned Work

             1. Under the Copyright laws, (17 U.S.C. § 101, § 201) a work specially ordered or commissioned is owned by the institution if the parties expressly agree in a written instrument signed by both parties that the work will be considered a work for hire.

             2. Commissioned work is limited by the Copyright law to contribution to a collective work, part of a motion picture or other audiovisual or multimedia work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material to a test, or an atlas. (17 USC § 101, “Work for Hire” definition).

       I.   Joint Ownership

             1. Works may be created through the joint efforts of two or more faculty members or of faculty and non-faculty employees working in the scope of their employment or working under contract to provide services.

             2. Anyone who contributes the kind of expression protected by the copyright law is a joint author if the contribution is intended to be part of an integrated whole.

             3. The institution will be the sole owner if all the work is done as work for hire.

             4. The institution and the faculty member may be joint owners of the final product if a faculty member works independently but incorporates work done as work for hire by institution employees and/or contractors.

             5. It is very important at the beginning of the project to state the contributors’ intentions in a written contract signed by all contributors.

             6. The General Counsel’s office should be consulted to assist in contract drafting.

    J. Revision Rights

             1. A faculty member should normally retain the right to update, edit or otherwise revise electronically developed course materials that become out of date, or, in certain circumstances, should place a time limit upon the use of electronically developed course materials that are particularly time sensitive, regardless of who owns copyright in the electronically developed course materials.

            2. These rights and limitations may be negotiated in advance of the creation of the electronically developed course materials and may be reduced to writing.

            3. Absent a written agreement, each faculty member will have the right and obligation to revise work on an annual basis in order to maintain academic standards.

            4. If a faculty member does choose to revise the work and such revision is done in a satisfactory manner, the faculty member retains the rights to full royalties as discussed below for another year.

            5. If the institution believes a revision is necessary and no revision is made or if the revision made, in the institution’s opinion, does not maintain academic standards, the institution may refuse to market the product, or the institution may employ another person to update the work and charge the entire cost of the revision against any royalties paid to the original author.

    K. Royalties

            1. Royalty division should generally reflect the relative contributions of the parties.

            2. In accordance with TBR, faculty members shall receive all royalties that may accrue from the commercialization of electronically published course materials they create on their own initiative.

            3. On the other hand, the institution retains all royalties that may accrue from the commercialization of electronically published course materials created by faculty members pursuant to contract or as a work for hire, including an electronically published course created as a condition of employment.

            4. Copyright law permits joint owners to pursue commercialization either jointly or separately, with accounting. Other circumstances may require review on a case-by-case basis (such as the creation of electronically developed course materials initiated by a faculty member but using substantial institution facilities).

            5. In instances of joint ownership between faculty members where the institution also retains rights to royalties, the faculty members shall determine by written document the division of royalties.

            6. Absent a written document of division of royalties, the faculty members shall divide their share pro rata based on participation.

03/20; 05/21