MARSHALL UNIVERSITY BOARD OF GOVERNORS
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1 MARSHALL UNIVERSITY BOARD OF GOVERNORS Policy No. IT-5 DISTANCE EDUCATION COURSES 1 General Information 1.1 Scope: This policy addresses a variety of issues related directly to the development and teaching of distance education courses for use in credit or non-credit courses or in support of university-funded research. Ownership and copyright issues are discussed here as well as what resources the university will provide to developers and instructors. This policy also addresses the guidelines that should be followed when a course has commercial potential and/or is created for distribution within a department or college. 1.2 Authority: W. Va. Code 18B Passage Date: December 13, Effective Date: December 13, Controlling over: Marshall University 1.6 History: This policy replaces MUBOG Policy IT-5 E-Courses (effective 4/30/09). 2 Definitions 2.1 According to the Higher Education Opportunity Act, distance education is defined as education that uses one or more of the following technologies to deliver instruction to students who are separated from the instructor; and to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously. The technologies used may include: the internet; one way and two way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices; audio conferencing; or videocassettes, DVDs, and CD- Roms (PL , 14 AUG. 2008). 2.2 Online course refers to any distance education course in which 100% of the course content is delivered asynchronously by technological means. There are no synchronous, face to face, or on site attendance requirements. Online courses are designated as such in the schedule of courses. 2.3 Hybrid course refers to any distance education course in which 75% or more of the course content is delivered by technological means. There are synchronous, face to face, or on site attendance requirements. Hybrid courses are designated as such in the schedule of courses. MUBOG IT-5 Distance Education Courses Page 1 of 5
2 2.4 Content refers to course content and materials (intellectual property) a faculty member develops for instructional delivery as an online course. 2.5 FDCOMI refers to Faculty Development Committee for Online and Multimedia Instruction. 3 Online Course Approval 3.1 Online courses must be approved by the appropriate academic Dean and comply with the Southern Regional Education Board s Principles of Best Practices. 3.2 Online courses must also be approved by the FDCOMI in accordance with their review guidelines based on established best practices for online course delivery. 3.3 Only approved online courses may be listed in the official schedule of courses. 4 Teaching of Online Courses 4.1 Online course content belongs to the faculty creator The content cannot be used by or assigned to another instructor without the written consent of the faculty creator of the content A department may develop its own policy which addresses the ownership of course content before the online course is submitted for approval A faculty creator of course content may also enter into a contract with the department which addresses the ownership of course content before the online course is submitted for approval. 4.2 Based on the curricular needs of the academic unit and pending all required approvals, a faculty member can develop and teach a different version of an existing online course. 4.3 In the interest of currently enrolled students, the university may continue the use of online courses developed by a member of the Marshall University community throughout the duration of the current grading period and for up to one year beyond the current grading period to ensure completion of the online course by all students enrolled at the start of the semester regardless of ownership. 5 Format 5.1 Student access to online courses must be through the official online course management system. Exceptions must be approved in writing by the appropriate Dean and the Provost. MUBOG IT-5 Distance Education Courses Page 2 of 5
3 5.2 Technical support for online courses will be available on MUOnLine and through the Computing Services Help Desk. 5.3 Guiding principles for online course development are available on the Academic Affairs website and the MUOnLine website. 6 Faculty Compensation for Online Course Development 6.1 Online content course development is eligible for compensation based on available funds and the curricular needs of the university. 6.2 Development will be compensated at a fixed rate approved by the Provost and President of the University and published by FDCOMI. 6.3 The creation of different content for the same online course may qualify for development funds depending on curricula needs determined by the academic unit and available funds determined by the Provost and President of the University. 7 Faculty Compensation for Teaching an Online Course 7.1 Faculty who teach online courses as overloads (taught in addition to a faculty member s regular teaching load) are compensated on a per student basis in two payments The first payment is based on enrollment at the close of schedule adjustment. The second payment is based on the number of students who receive a grade If students are carried over from one instructor to another, the instructor picking up the carry over students will be appropriately compensated Instructors can receive second half payment for a student who earns a grade of Incomplete if the Incomplete becomes a grade within one year of the end of the course. 7.2 The amount per student who completes the online course is a published fixed rate established through a recommendation from University Information Technology Council to the Provost and President. The Faculty Senate shall review the rate recommendation. Any changes proposed by the Senate are subject to approval by the Provost and President of the University. 7.3 When faculty teach online courses in load, the faculty member s academic unit will be compensated on a per student basis as described above. 7.4 No compensation will be paid to instructors or academic units for the delivery of online courses that do not assess a student fee. MUBOG IT-5 Distance Education Courses Page 3 of 5
4 8 Ownership of Online Course Content 8.1 The faculty member retains intellectual property rights to the online course content he or she has created and the university retains rights to the catalog name and description of the online course. 8.2 The university maintains the right to make backup copies of online instructional content in order to protect against accidental or other deletion /corruption. 8.3 All online course content shall reside on university servers within the online course management system except in instances where content is authorized from an outside vendor. 8.4 Physical presence of instructional content on university servers does not automatically assign ownership to the university. 8.5 The university shall have the absolute, unrestricted right to use any online instructional content created by or through the efforts of its professional staff (non-faculty employees). 8.6 All work created by non-faculty employees is a work for hire that shall be owned solely by the university both in copyright and distribution except when the university waives claims to the material. 8.7 The university shall have the absolute, unrestricted right to use any online instructional content created by faculty as a work for hire for the university outside of the regular online course development process. A written contract is required to initiate this work for hire arrangement. 8.8 Faculty who choose to distribute their online course content for sale or licensing outside the university must abide by the policies, procedures, and requirements outlined in MUBOG policy regarding Intellectual Policy. 9 Review and Update of Content 9.1 All online courses will undergo a review by FDCOMI every three years after the course was initially approved or upon request by the Office of Academic Affairs or Information Technology. The purpose of the review is to ensure that the online courses meet the needs of changing technology and comply with current FDCOMI requirements posted on the MUOnLine website. 9.2 The FDCOMI review will deal with the technical presentation of online course content and clarity of online course instructions. 9.3 Academic units are encouraged to review online course content during the initial and three-year review cycle. FDCOMI will facilitate the review adhering to a timetable that allows for revisions to take place. MUBOG IT-5 Distance Education Courses Page 4 of 5
5 10 Online Course Fees 10.1 Students who register for online courses will pay online course fees as established by the institution Special fees imposed by divisions/departments may apply to students registering for online courses Students registering for online courses only will be exempt from the Student Activities fee. Online students who wish to pay the Student Activities Fee and receive the appropriate benefits have the option of doing so. References: Higher Education Opportunity Act, PUBLIC LAW , AUG. 14, Accessed April 2011 from MUBOG IT-5 Distance Education Courses Page 5 of 5
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