DiversityGRADUATE POLICIES AND PROCEDURES
Academic Dismissal/Academic Probation
Academic Grievance Policy for Graduate Students
Academic Probation Policy for Graduate Students
Administrative Requirement for Graduation
Attendance
Bomb Threat Policy
Check Cashing Policy
Children, Other Family Members, or Friends
Code of Computing Services
Copying Policy for Staff and Students
Copyright
Copyright and Distance Learning
Death or Serious Illness or Illness of University Student
Family Educational Rights and Privacy Act (FERPA)
Financial Aid Dispursment
Fraternities and Sororities on Campus
Full-Time Standing
Graduate Student Dismissal Policy
Grievance Policy and Procedure for Graduate Assistants
Installment Payment Plan for Tuition and Fees
Measles and Rubella Immunization Holds
Official Functions Policy
Outstanding Checks
Parking and On-Campus Events
Parking and Traffic Fees
Parking Citation Appeals
Patent and Copyright Policy
Pets on Campus
Photographic and Video Images
Policies/Procedures for Use of Toxic Substances on Campus
Recycling Program
Refunds/Credits for Dropping Classes
Registration for Audit
Registration Holds
Religious Observances
Research Misconduct Policies and Procedures
Residential Status for Fee Purposes
Returned Checks
Scholarships
Security for On-Campus Events
Sign Language Interpretor Policies and Procedures
Skating Policy
Solicitation Programs
Student Hourly Employees
Term Paper Assistance
Toxic Substances on Campus
Travel Advances
Travel for Students Representing the University of Arkansas
Travel Policy for Graduate Students
Tuition and Fees
Tuition and Fee Adjustment Policy for Official Withdrawal
Tuition and Registration Fee Waivers for Students Sixty Years of Age or Older
Tuition and Scholarships
University Programs Operations
Use of In-Line Skates, Roller Skates, and Skateboards
Use of University Facilities and Outdoor Space
Vehicles on Campus Sidewalks
Weapons Policty
Withdrawal from Registration
Withholding of Registration Privileges, Transcripts, and Diplomas
ACADEMIC DISMISSAL/ACADEMIC PROBATION
Students may be dropped from further study in the Graduate School if at any time their performance is considered unsatisfactory as determined by either the program faculty or the Dean of the Graduate School. Academic or research dishonesty and failure to maintain a specified cumulative grade-point average are considered to be unsatisfactory performance. See the Graduate Student Dismissal Policy, the Academic Probation Policy for Graduate Students, the Academic Honesty Policy for Graduate Students, and the Research Misconduct Policy, in this catalog.
Using its own written procedures, the graduate faculty of an academic degree program may recommend that the student be readmitted to the Graduate School after dismissal. Dismissed students with non-degree status may petition for readmission to the Graduate School by submitting a written appeal to the Dean of the Graduate School. The graduate faculty of any degree program may establish and state in writing requirements for continuation in that program.
ACADEMIC GRIEVANCE PROCEDURES FOR GRADUATE STUDENTS
The Graduate School of the University of Arkansas recognizes that there may be occasions when a graduate student has a grievance about some aspect of his/her academic involvement. It is an objective of this University that such a graduate student may have prompt and formal resolution of his or her personal academic grievances and that this be accomplished according to orderly procedures. Below are the procedures to be utilized when a graduate student has an academic grievance with a faculty member or administrator. If the student has a grievance against another student or another employee of the University, or if the student has a grievance which is not academic in nature, the appropriate policy may be found by contacting the Office of Affirmative Action or the office of the Graduate Dean. For policies and procedures pertaining to conduct offenses , consult the Code of Student Life.
Note: Master’s students in the Graduate School of Business should follow the grievance procedures for that School.
Definition of Terms
Academic grievance. An academic grievance means a dispute concerning some aspect of academic involvement arising from an administrative or faculty decision which the graduate student claims is unjust or is in violation of his or her rights. The Graduate School considers any behavior on the part of a faculty member or an administrator,
which the student believes to interfere with his/her academic progress, to be subject to a grievance. While an enumeration of the students’ rights with regard to their academic involvement is not possible or desirable, we have provided a short list as illustration.
However, as in all cases involving individual rights, whether a specific behavior constitutes a violation of these rights can only be decided in context, following a review by a panel of those given the authority to make such a decision. In general, we consider that the graduate student:
1) has the right to competent instruction;
2) is entitled to have access to the instructor at hours other than class times (office hours);
3) is entitled to know the grading system by which he/she will be judged;
4) has the right to evaluate each course and instructor;
5) has the right to be treated with respect and dignity.
In addition, an academic grievance may include alleged violations of the affirmative action plans of the University as related to academic policies and regulations, as well as disputes over grades, course requirements, graduation/degree program requirements, thesis/dissertation/advisory committee composition, and/or adviser decisions.
Formal academic grievance
An academic grievance is considered formal when the student notifies the Graduate Dean, in writing, that he/she is proceeding with such a grievance. The implications of this declaration are: 1) all correspondence pertaining to any aspect of the grievance will be in writing and will be made available to the Graduate Dean; 2) all documents relevant to the case, including minutes from all relevant meetings, will be part of the complete written record and will be forwarded to the Graduate Dean upon receipt by any party to the grievance; 3) the policy contained herein will be strictly followed; and 4) any member of the academic community who does not follow the grievance policy will be subject to disciplinary actions. Filing a formal academic grievance is a serious matter, and the student is strongly encouraged to seek informal resolution of his/her concerns before taking such a step.
Complete Written Record. The “complete written record” refers to all documents submitted as evidence by any party to the complaint, as subject to applicable privacy considerations.
Note: Because the tape recordings of committee meetings may contain sensitive information, including private information pertaining to other students, the tape or a verbatim transcription of the tape will not be part of the complete written record. However, general minutes of the meetings, documenting the action taken by the committees, will be part of the complete written record.
Graduate student. Under this procedure, a graduate student is any person who has been formally admitted into the Graduate School of the University of Arkansas, Fayetteville, and who is/was enrolled as a graduate-level student at the time the alleged grievance occurred.
Working Days. Working days shall refer to Monday through Friday, excluding official University holidays.
Procedures
Note: Master’s students in the Graduate School of Business should follow the grievance procedures for that School.
1. Individuals should attempt to resolve claimed grievances first with the person(s) involved, within the department, and wherever possible, without resort to formal grievance procedures. The graduate student should first discuss the matter with the faculty member involved, with the faculty member’s chairperson or area coordinator, or with the Graduate Dean. The student’s questions may be answered satisfactorily during this discussion. The student may also choose to contact the Office of Student Mediation and Conflict Resolution or, if the grievance is with the departmental chairperson or area coordinator, with the academic dean or the Graduate Dean, for a possible informal resolution of the matter.
2. If a graduate student chooses to pursue a formal grievance procedure, the student shall take the appeal in written form to the appropriate departmental chairperson/area coordinator, and forward a copy to the Graduate Dean. In the case of a grievance against a departmental chairperson or an area coordinator who does not report directly to a departmental chairperson, or in the absence of the chairperson/coordinator, the student will go directly to the dean of the college or school in which the alleged violation has occurred, or to the Graduate Dean. In any case, the Graduate Dean must be notified of the grievance.
After discussion between the chairperson/coordinator/dean and all parties to the grievance, option 2a, 2b, or 3 may be chosen.
a. All parties involved may agree that the grievance can be resolved by a recommendation of the chairperson/coordinator/dean. In this case, the chairperson/coordinator/dean will forward a written recommendation to all parties involved in the grievance within 20 working days after receipt of the written grievance. The chairperson/area coordinator/dean is at liberty to use any appropriate method of investigation, including personal interviews and/or referral to an appropriate departmental committee for recommendation.
b. Alternatively, any party to the grievance may request that the departmental chairperson/area coordinator/dean at once refer the request, together with all statements, documents, and information gathered in his or her investigation, to the applicable departmental group (standing committee or all graduate faculty of the department). The reviewing body shall, within ten working days from the time its chairperson received the request for consideration, present to the department chairperson/coordinator/dean its written recommendations concerning resolution of the grievance. Within ten working days after receiving these recommendations, the department chairperson/area coordinator/dean shall provide all parties to the dispute with copies of the reviewing body’s recommendation and his or her consequent written decision on the matter.
3. If the grievance is not resolved by the procedure outlined in step 2, or if any party to the grievance chooses not to proceed as suggested in 2, he/she will appeal in writing to the Dean of the Graduate School. When, and only when, the grievance concerns the composition of the student’s thesis/dissertation committee or advisory committee, the Graduate Dean will proceed as described in step 5 (following). In all other cases, whenever a grievance comes to the attention of the Dean of the Graduate School, either as a result of a direct appeal or when a grievance has not been resolved satisfactorily at the departmental/academic dean level, the Dean of the Graduate School will consult with the person alleging the grievance. If that person decides to continue the formal grievance procedure, the Graduate Dean will notify all parties named in the grievance, the departmental chairperson/area coordinator, and the academic dean that a formal grievance has been filed. Within ten working days, the Dean of the Graduate School will: 1) with the consent of the student, appoint a faculty member as the student’s advocate, and 2) appoint an ad hoc committee of five faculty members and two graduate students, chosen to avoid obvious bias or partiality, to review the grievance and report to him/her. The Associate Dean of the Graduate School will serve as the chair of the grievance committee and will vote only in the case of a tie. A voting member of the Graduate Council will serve as the non-voting secretary of the committee.
The committee shall have access to witnesses and records, may take testimony, and may make a record by taping the hearing. Its charge is to develop all pertinent factual information (with the exception that the student and faculty member/administrator will not be required to be present in any meeting together without first agreeing to do so) and, on the basis of this information, to make a recommendation to the Graduate Dean to either support or reject the appeal.
The Graduate Dean will then make a decision based on the committee’s recommendation and all documents submitted by the parties involved. The Graduate Dean’s decision, the committee’s written recommendation and a copy of its complete written record (excluding those in which other students have a privacy interest) shall be forwarded to the person(s) making the appeal within 20 working days from the date the committee was first convened; copies shall be sent simultaneously to other parties involved in the grievance and to the dean of the college in which the alleged violation occurred. A copy shall be retained by the Graduate School in such a way that the student’s privacy is protected.
4. When, and only when, the grievance concerns a course grade and the committee’s recommendation is that the grade assigned by the instructor should be changed, the following procedure applies. The committee’s recommendation that the grade should be changed shall be accompanied by a written explanation of the reasons for that recommendation and by a request that the instructor change the grade. If the instructor declines, he or she shall provide a written explanation for refusing. The committee, after considering the instructor’s explanation and upon concluding that it would be unjust to allow the original grade to stand, may then recommend to the department chair that the grade be changed. The department chair will provide the instructor with a copy of the recommendation and ask the instructor to change the grade. If the instructor continues to decline, the department chair may change the grade, notifying the instructor, the Graduate Dean, and the student of the action. Only the department chair, and only on recommendation of the committee, may change a grade over the objection of the instructor who assigned the original grade. No appeal or further review is allowed from this action. All grievances concerning course grades must be filed within one calendar year of receiving that grade.
5. When, and only when, a student brings a grievance concerning the composition of his/her thesis/dissertation or advisory committee, the following procedure will apply. The Dean of the Graduate School shall meet with the graduate student and the faculty member named in the grievance and shall consult the chair of the committee, the departmental chairperson/area coordinator, and the academic dean, for their recommendations. In unusual circumstances, the Dean of the Graduate School may remove a faculty member from a student’s thesis/dissertation committee or advisory committee, or make an alternative arrangement (e.g. assign a representative from the Graduate faculty to serve on the committee). With regard to the chair of the dissertation/thesis committee (not the advisory committee), the Graduate School considers this to be a mutual agreement between the faculty member and the student to work cooperatively on a research project of shared interest. Either the graduate student or the faculty member may dissolve this relationship by notifying the other party, the departmental chairperson, and the Graduate Dean. However, the student and the adviser should be warned that this may require that all data gathered for the dissertation be abandoned and a new research project undertaken, with a new faculty adviser.
6. If a grievance, other than those covered by step 4, is not satisfactorily resolved through step 3 or 5, an appeal in writing and with all relevant material may be submitted for consideration and a joint decision by the Chancellor of the University of Arkansas, Fayetteville, and the Provost/Vice Chancellor for Academic Affairs. This appeal must be filed within 20 working days of receiving the decision of the Graduate Dean. Any appeal at this level shall be on the basis of the complete written record only, and will not involve interviews with any party to the grievance. The Chancellor of the University of Arkansas, Fayetteville, and the Provost/Vice Chancellor for Academic Affairs shall make a decision on the matter within 20 working days from the date of receipt of the appeal. Their decision shall be forwarded in writing to the same persons receiving such decision in step 3. Their decision is final pursuant to the delegated authority of the Board of Trustees.
7. If any party to the grievance violates this policy, he/she will be subject to disciplinary action. When alleging such a violation, the aggrieved individual shall contact the Graduate Dean, in writing, with an explanation of the violation.
ACADEMIC PROBATION POLICY FOR GRADUATE STUDENTS
Whenever a regularly admitted graduate student earns a cumulative grade-point average below 2.85 on graded course work taken in residence for graduate credit, he/she will be warned of the possibility of academic dismissal. When a graduate student has accumulated a minimum of 15 hours of graded course work taken in residence for graduate credit with a cumulative grade-point average below 2.85, and has received at least one warning, he/she will be academically dismissed from the Graduate School. This policy is effective with students entering the Graduate School in Fall 2002 or after. For the policy in effect before that time, contact the Graduate School.
Graduate teaching and research assistants and students on Lever, Doctoral, Chancellor or other fellowships must maintain a cumulative grade-point average of at least 2.85 on all course work taken for graduate credit. If a student’s cumulative GPA falls below 2.85 on 6 or more hours of graduate work (one full-time semester), notification will be sent to the student and his/her department. If the CGPA is below 2.85 at the end of the next major semester (fall or spring), the department will not be allowed to appoint the student to an assistantship/fellowship until such time as is/her CGPA has been raised to the required level. Note: Individual degree programs may have more stringent requirements.
The Graduate School calculates the cumulative grade-point average on all courses taken for graduate credit at the University of Arkansas. Individual degree programs have the option to calculate the cumulative grade-point average only for those graduate courses taken in residence for the current degree. Consequently, individual degree programs may academically dismiss students whose cumulative grade point average on all graduate course work is above 2.85, but whose work for the current degree is below 2.85. If a program adopts this alternative policy, it must be so stated in the departmental graduate student handbook and in the Graduate Catalog and must apply to all graduate students in that program. When the program anticipates dismissing a student whose cumulative grade-point average is above 2.85, the program must notify the student, using the same process as specified in the general probation policy and must also notify the Graduate School. This policy is effective Fall 2003.
ADMINISTRATIVE REQUIREMENT FOR GRADUATION
Application for graduation must be completed in the Graduate Dean’s office, filed with the Registrar and fees paid for the semester in which degree requirements will be completed and graduation effected. If a student fails to complete the degree, the student must then renew the application and pay a renewal fee.
ANNUAL NOTICE OF STUDENT RIGHTS UNDER THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are as follows:
1. The right to inspect and review the student’s education records, with some exceptions under the Act, within 45 days of the day the University receives a request for access. Students should submit to the Registrar’s Office written requests that identify the record(s) they wish to inspect. The appendix to Universitywide Administrative Memorandum 515.1 provides a list of the types and locations of education records, the custodian of those records, and copying fees for each individual campus. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. A sample form, which may be used in making this request, is contained in the appendix to Universitywide Administrative Memorandum 515.1. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing and is also contained in the Universitywide Administrative Memorandum 515.1
3. The right to withhold consent of disclosure of directory information, which information: the student’s name; address; telephone number; date and place of birth; nationality; religious preference; major field of study; classification by year; number of hours in which enrolled and number completed; parents’ or spouse’s names and addresses; marital status; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance including matriculation and withdrawal dates; degrees, scholarships, honors, and awards received, including type and date granted; most recent previous education agency or institution attended; and photograph. This information will be subject to public disclosure unless the student informs the Registrar’s Office in writing each semester that he or she does not want his information designated as directory information. To prevent publication of name in the printed student directory, written notice must reach the Registrar’s Office by August 31 of the Fall semester
4. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educational record to fulfill his or her professional responsibility.
Upon request, the University also discloses education records without consent to officials for another school in which a student seeks or intends to enroll.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is as follows:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
6. Universitywide Administrative Memorandum 515.1 is available on request in Mullins Library on campus.
Attendance
Students are expected to be diligent in the pursuit of their studies and in their class attendance. Students have the responsibility of making arrangements satisfactory to the instructor regarding all absences. Such arrangements should be made prior to the absence if possible. Policies of making up work missed as a result of absence are at the discretion of the instructor, and students should inform themselves at the beginning of each semester concerning the policies
of their instructors.
Education at the university level requires active involvement in the learning process. Therefore students have the responsibility to attend classes and to actively engage in all learning assignments or opportunities provided in their classes. Instructors have the responsibility to provide a written policy on student attendance that is tied to course objectives included in a course syllabus. There may be times, however, when illness, family crisis, or University-sponsored activities make full attendance or participation impossible. In these situations students are responsible for making timely arrangements with the instructor to make up work missed. Such arrangements should be made in writing and prior to the absence when possible.
Examples of absences that should be considered excusable include those resulting from the following: 1) illness of the student, 2) serious illness or death of a member of the student’s immediate family or other family crisis, 3) University-sponsored activities for which the student’s attendance is required by virtue of scholarship or leadership/ participation responsibilities, 4) religious observances (see UA Religious Observances policy below), 5) jury duty or subpoena for court appearance, and 6) military duty. The instructor has the right to require that the student provide appropriate documentation for any absence for which the student wishes to be excused.
COPYING POLICY FOR STAFF AND STUDENTS
The policy for cash copying for staff and students is as follows:
1. Copying service is available to faculty, staff and students for university related work.
2. Copying of a political nature is not produced.
3. Publication copy (e.g., books, manuals, how to pamphlets) for obvious resale is not produced.
4. Identifiable commercial work (letterheads business cards, invoices, etc) is not produced.
5. Copies for service organizations of which faculty or staff are members are produced. Interpretation is that the University encourages this type of community service and the copying is a staff benefit. Groups include Boy Scouts, Girl Scouts, service clubs, United Way, etc.
6. Resumes, dissertations, grant reports, work for groups such as SACUBO in which faculty hold office, are both printed and copied.
February 2, 1989
http://compserv.uark.edu/policies/
COPYRIGHT AND DISTANCE LEARNING
http://vcfa.uark.edu/Documents/BOTPol_0210_2.PDF
COPYRIGHT
I. Preamble
II. Issues Raised
III. General Guidelines
IV. Specific Categories Assigning Ownership and Compensation
This policy addresses the use of Technology Enhanced Course Materials (TECM) to effectuate distance learning at the University of Arkansas. Distance learning for purposes of this policy is two-way communication between a teacher and student separated by a geographical distance or time using technology for the purpose of facilitating and supporting the education process. It is an educational process in which most of the instruction occurs when the student and instructor are not in the same place. Instruction may be delivered and received at the same time (synchronous) or at different times (asynchronous). Distance learning may employ printed materials or audio, video or computer technologies. TECM are materials utilizing electronic transmissions to accomplish such an activity. The objective of this policy is to protect the copyright rights of both the faculty member and the University in TECM and to encourage the offering of quality distance learning programs. Distance learning programs that do not employ the use of TECM are not covered by this policy.
TECM have been a part of the curriculum at the University of Arkansas but, for a variety of reasons, there are still many questions about the rights and responsibilities of the University and its faculty members with respect to these methods of instruction. Since the demand for distance learning appears to be increasing and the continuing development of TECM in various media seems likely, it is important to address the issues raised by the creation, use and distribution of various forms of TECM and clarify the rights and responsibilities of each of the parties involved. This policy is a supplement to Board Policy 210.1, Patent and Copyright Policy, and only addresses copyright in the context of distance learning and the use of TECM to facilitate such education. To the extent this policy conflicts with Board Policy 210.1 on issues involving distance learning and TECM, this policy prevails with the exception of cases in which TECM are also protectable by patent law.
Who owns the copyright in TECM and how should such rights be protected?
• What are the responsibilities of faculty members to utilize various technologies to meet the needs of their currently enrolled students?
• Under what circumstances should faculty members be expected to prepare TECM for use by students not currently enrolled in their classes?
• What are the rights of faculty members with regard to the continuing use of TECM?
• Who may receive Revenues from the sale or licensing of TECM?
• What procedures should be followed to limit liability for infringement of copyright or invasion of privacy or publicity if TECM contains material that belongs to someone other than the University or faculty creator(s) or contains the image or likeness of others.
III. General Guidelines
A. Copyright Ownership. Board Policy 210.1recognizes that in most instances faculty members own the copyright in scholarly works created by the faculty members. Faculty members thus normally hold the copyright in TECM they create on their own initiative. Board Policy 210.1 also recognizes ownership of copyright in works of authorship created under contract or as works made for hire as residing with the University ("University Works"). TECM created jointly by faculty authors and by those whose contributions would be works made for hire will be jointly owned by the faculty authors and the University. Specific ownership rights are addressed in Section IV of this policy.
B. Faculty Responsibility to Currently Enrolled Students. Faculty members have a responsibility to meet the reasonable needs of their currently enrolled students, including those needs best addressed by the use of technologies to make class materials readily available. TECM such as tape recordings and videotapes created in the ordinary course of instruction and not intended for use beyond the end of the current semester or by students other than those registered for the class are the property and responsibility of the faculty member who creates or authorizes them. Faculty should be willing to utilize technologies appropriate to the circumstances to make their course materials reasonably available to their currently registered students. Faculty may dispose of such materials in whatever manner they choose at the end of each semester and in accordance with a campus or unit records retention policy.
C. Course Development. Faculty may receive release time (including off-campus duty assignments) for duties performed in the best interests of the University's instructional program, including the development of TECM. The grant of release time does not automatically determine the appropriate category in which to place the work. Normally, such a grant would imply at least a minimal allocation of University resources.
D. Revision Rights. Faculty members should normally retain the right to update, edit or otherwise revise TECM that become out of date, or, in certain circumstances, should place a time limit upon the use of TECM that are particularly time sensitive, regardless of who owns copyright in the TECM. These rights and limitations may be negotiated in advance of the creation of the TECM and may be reduced to writing. Absent a written agreement, each faculty member will have the right and moral obligation to revise the TECM on an annual basis in order to maintain academic standards. If the University believes a revision is necessary and no timely revision is made or if the revision is made and, in the University's opinion, it does not meet academic standards, the University may refuse to market the product or the University may employ another person to update the TECM.
E. Revenues. In accordance with Board Policy 210.1, faculty members shall receive all Revenues (as defined in Board Policy 210.1and excluding tuition or fees) that may accrue from the commercialization of TECM they create on their own initiative. On the other hand, the University retains the right to receive all Revenues from the commercialization of TECM created by faculty members pursuant to contract or as a work made for hire. However, the University may share such Revenues with the creators according to Section I.F of Board Policy 210.1 or on other terms as set by the University in its sole discretion. Copyright law permits joint owners to pursue commercialization either jointly or separately but with an accounting to the other joint owner for Revenues received. Other circumstances may require review on a case-by-case basis (such as the creation of TECM initiated by a faculty member but using University resources over and above those usually and customarily provided.) Absent a contract specifying to the contrary, specific division of Revenues is addressed in Section IV below. In instances of joint ownership between faculty members where the University also retains rights to Revenues, the faculty members shall determine by written document the division of Revenues. Absent a written document of division of Revenues, the faculty members shall divide their share pro rata based on participation.
F. Contributed Materials. Liabilities may be incurred with respect to the inclusion of materials in TECM other than materials created by the author of the TECM, including copyrighted music and sounds, and the inclusion of voices or images of persons in the TECM, including audience members and guest lecturers. It is the policy of University that all faculty and staff comply with the law, including copyright and privacy laws; therefore, it is the responsibility of the creator of TECM (normally the faculty member) to obtain all permissions and releases necessary to avoid infringing copyright or invading the personal rights of others.
G. Protecting TECM. The University will determine whether to register the copyright and will be responsible for enforcement of TECM it owns. Faculty members will make such decisions and take such steps to protect TECM they own. Any one of the authors of a joint work may register and enforce the copyright in the names of all owners, with accounting. If one of the joint authors or owners is the University, only persons authorized by the University shall file for copyright registrations in the name of the University.
H. University Resources Usually and Customarily Provided. When determining ownership and license rights in TECM, "university resources usually and customarily provided" includes such support as office space, library facilities, ordinary access to computers and networks or salary. In general, it does not include use of students or employees as support staff to develop the TECM, or substantial use of specialized or unique facilities and equipment, or other special subventions provided by the University unless approved as an exception.
I. Retention of Nonexclusive License. Except in Category I below, the University shall retain, at a minimum, a perpetual non-exclusive, royalty-free license to reproduce and use TECM in its internally administered programs of teaching, research and public service, including distance learning.
J. Conflict of Interest and Commitment. The activities of faculty and staff under this policy shall be consistent with the provisions of Board Policy 330.1, Employee and Contractor Conflict of Interest, and Board Policy 450.1, Outside Employment of Faculty and Administrative Staff Members for Compensation, and campus policies on conflict of interest and commitment.
K. Administration. The chief executive officer of the campus or unit shall delegate to a person or a committee the responsibility of administering this policy and applying the policy equitably across the campus or unit. If , however, such a delegation is not made, then the Campus Patent and Copyright Committee shall be so responsible. The faculty member should first meet with his/her department chair and dean to determine which category the TECM will be assigned and the ownership, institutional resource commitment and the sharing of any Revenues. A copy of the agreement will be forwarded to the designated committee or administrator for review and assurance that the policy is being applied in an equitable manner. The chair of the committee (or designated administrator) shall inform the dean and department chair of any inequitable applications of the policy and it shall be the responsibility of the dean and department chair to resolve the issue with the faculty member. If any dispute arises between the faculty member and department chair and dean or other appropriate or designated administrator, they shall initially attempt to resolve the disputed issue. Issues that cannot be resolved by the parties shall be decided by the chief executive officer of the campus or unit whose decision on such issues shall be final.
L. University-wide Committee. The President of the University shall appoint a University-wide committee to advise the President on issues relating to distance learning, including copyright matters. The committee shall be composed of representatives from each campus and unit of the University and any others who the President in his or her sole iscretion determines is appropriate for membership on the committee.
IV. Specific Categories Assigning Ownership and Compensation
Faculty members should meet with their Department Chair and Dean or other appropriate or designated administrator prior to creating TECM for distance learning in order to reach an agreement as to the appropriate category classification. Also, during the creation and development of TECM, continuing interaction among the parties is strongly encouraged. It is understood that in some circumstances the initial category classification may change based upon a modification in University support for the project. Written contracts should be entered into between the University and the faculty member to resolve any issues of ownership and compensation. In addition, each campus or unit has the discretion to vary by written contract the ownership of and compensation for any TECM despite the category classification of the TECM.
Category I - Totally Faculty or Staff Generated
Description of Individual and University Contribution:
The TECM resulted from an individual's efforts on his own personal time without any direct support from or through the University and without the use of any University resources beyond those usually and customarily provided.
Examples:
1. A faculty member in the School of Social and Behavioral Sciences at UAM works with a publishing company to create a Web-based course. The publishing company provides 700 hours of instructional design and production support and the course is mounted on the company's server. All of the work is done on the faculty member's own time, but some of the development is done on weekends using the faculty member's office computer. Development software licensed by UAM that is available throughout the department is also used. The course is mounted on a commercial server.
2. A professor at one of the law schools is approached by the publishing arm of a learned society to create a CD containing 2,000 images of evidence that this professor has photographed in preparing for classes over the years. The professor took the photographs on weekends using own camera and film but on the department's copystand. The learned society creates and markets the CD.
Ownership and Compensation:
The individual owns the copyright and is entitled to receive all Revenues from the commercialization of the TECM, subject to compliance with Section III.J of this policy on Conflict of Interest and Commitment.
Category II- Minimal University Resources
Description of Individual and University Contribution:
The work resulted from the individual's efforts with minimal resources above and beyond those usually and customarily provided.
Examples:
1. A faculty member at UAMS works with Digital Inc., a Web course publishing company, to put the course, Serving an Aging Population, totally on the Web. The University provides funds to purchase time from UAMS's Media Services to videotape two hours of lecture to be streamed as part of the course. In addition, the UAMS Library checks out to the faculty member one of two digital recording workstations for a period of two weeks. Digital Inc. spends over 300 hours recording materials provided by the faculty member and creating the Web course, and mounts the course on their server. The faculty member works on the project almost exclusively on his/her own time.
2. An adjunct faculty member at UAPB who teaches Accounting Principles for Non-Profit Agencies for UAPB volunteers to put half of the course on the Web. UAPB provides 30 hours of training on WebCT, the Web platform utilized. UAPB also provides twenty hours of assistance in creating a PowerPoint Presentation to be used as part of the course. The adjunct faculty member spends 200 hours creating the course on his/her own time. The course is mounted on the University's server.
Ownership and Compensation:
The individual owns the copyright and has the right to distribute the TECM and receive the Revenues for any distribution outside the University course delivery, subject to compliance with Section III.J of this policy. The University has a non-exclusive, royalty-free license to use the work as part of the University course delivery. The University may agree, in its sole discretion, to compensate the faculty member for its use of the TECM.
Category III- Substantial University Resources Are Provided
Description of Individual and University Contribution:
The work resulted from the individual's efforts with use of University resources above and beyond those usually and customarily provided.
Examples:
1. A faculty member at UA-Fayetteville volunteers to make her department's Literature for Children course totally available on the Web. The faculty member is provided with release time in the Spring Semester and paid for a course in the Summer to develop the product but also contribute some of her own time. The University provides a substantial grant to purchase a digital camera to use in the project or a .5 FTE Web developer housed in the department for a semester to work with the faculty member. Personnel from Continuing Education record speakers for the class and digitize audio and video, totaling over 300 clock hours of production and support services. The course is mounted on the University's server.
2. UALR's MBA Program decides to offer the degree by taping courses and allowing employees of two corporations to download the courses to view on their own schedules. Three faculty from the EMBA Program will rotate grading and answering questions for each course. A faculty member who teaches Human Resource Management volunteers to offer the first course. During the next year, this faculty member is given release time each semester and paid for two courses in the Summer. UALR funds production time in the Radio, Television and Film Department for the production of the tapes. Computing Services contributes significant hours in digitizing the tapes. The faculty member spends 60 hours over the year of their own time designing the course for television delivery. The University mounts the course on its server.
Ownership and Compensation:
The individual and the University may be joint owners of the copyright under Example 1 and therefore, absent an agreement, each has the right to distribute it and receive Revenues for any distribution outside the University course delivery, subject to an accounting of Revenues to the other joint owner and subject to compliance by the individual faculty member with Section III.J of this policy. At the minimum, the University has a non-exclusive, royalty-free license to use the work as part of University course delivery and a non-exclusive commercial license to market the course outside the University, subject to an accounting of Revenues to the faculty member.
Category IV- Work Made For Hire - University Assigns Duty to Faculty or Staff Member to Develop a Work Description of Individual and University Contribution:
An employee of the University was contracted to develop a specific product. The University provided resources for the work above and beyond those usually and customarily provided. The work was carried out totally as a part of the faculty or staff member's assigned time.
Example:
1. The Dean of the College of Education at UALR assigns a faculty member to a course that will be videotaped and broadcast the next year to sites in five school districts as part of a new Master's Program offered by the college. The faculty member is given release time for the Fall and Spring Semester and is paid a task payment. The faculty member is assigned a .5 FTE research assistant for the academic year. The Radio, Television and Film Department contributes 250 hours in the design and production of the videotapes.
Ownership and Compensation:
The University owns the copyright and has exclusive educational and commercial ownership and licensing rights. The faculty or staff member is not entitled to a share of the Revenues except as agreed upon by the University in its sole discretion.
Category V- Faculty Member Uses Own Work as Part of Course Offering at University
Description of Individual and University Contribution:
The faculty member is using TECM that he/she created as part of his/her teaching duties at the University.
Examples:
1. See Category II, Example 1 above. In this case, the faculty member might offer the course at the University. The University would pay the previously negotiated fee to Digital, Inc. for access to the course materials, but this payment would not include compensation to the faculty member beyond the standard compensation for teaching the course.
2. See Category III, Example 2 above. In this case, the faculty member might teach the course to students in the program. There would be no compensation to the faculty member beyond the standard compensation for teaching the course.
Ownership and Compensation:
Ownership will be determined by categories one through four.
October 2, 2001 (Revised)
Fall and Spring Semesters
• For most purposes, 12 hours constitutes a full-time enrollment for undergraduate and law students; 9 hours is full-time enrollment for graduate students.
• For Law students, 5 hours in a 5 or 6 week session or 10 hours in a 10 or 12 week session constitutes a full-time enrollment.
• For graduate students, 14 hours constitutes full-time fee status. For law students, 13 hours constitutes full-time fee status. Undergraduate students do not have a maximum cap on fees.
• For disabled students, less than 12 hours may be certified as full time, with approval of the appropriate dean and the concurrence of a physician or licensed examiner.
• The Dean of the Graduate School will determine minimum enrollment requirements for full-time standing for graduate students with assistantships.
Summer Terms
• For most purposes, 6 hours in a 5 or 6 week session or 12 hours in a 10 to 12 week session constitutes a full-time enrollment for undergraduate students.
• For Law students, 5 hours in a 5 or 6 week session or 10 hours in a 10 or 12 week session constitutes a full-time enrollment.
• For undergraduate students receiving VA educational benefits and undergraduate international students, 4 hours in a 5 or 6 week session, or 7 hours in a 10 week session, or 8 hours in a 12 week session of degree credit is full time.
• For disabled students, less than 6 hours in a 5 or 6 week session or 12 hours in a 10 or 12 week session may be certified as full-time, with approval of the appropriate dean and the concurrence of a physician.
• Graduate and law students receiving VA educational benefits and graduate international students should contact their dean to determine full-time standing.
• The Dean of the Graduate School will determine minimum enrollment requirements for full time standing for graduate students receiving assistantships.
GRADUATE STUDENT DISMISSAL POLICY
Graduate degree programs have the right to dismiss graduate students who a) do not make adequate academic progress; b) engage in academic or research misconduct; or c) engage in illegal, fraudulent, or unethical behavior as defined in any of the University codes or policies pertaining to academic and research honesty. There may also be other unusual situations in which a student may be dismissed from a degree program. In each case, the dismissal should comply with the following procedures.
Lack of Adequate Academic Progress
Students may be dismissed per the academic probation policy of the Graduate School, and students should familiarize themselves with this policy. In addition, students who have not been placed on probation, but who are not making adequate academic progress, may also be dismissed. They must be warned in writing of the possibility of dismissal and will be given a clear statement about what must be done within a specified time period to alleviate the problem. These expectations must be reasonable and consistent with expectations held for all students in the program. If the student does not meet the requirements within the time frame specified, he/she may be dismissed by the degree program with notification to the student and the Graduate School. Students dismissed in this way will not necessarily be dismissed by the Graduate School. Students may appeal this dismissal to the Graduate School, following the procedures outlined in the Graduate Student Grievance Policy.
Academic or Research Misconduct/Illegal, Fraudulent, or Unethical Behavior
For the process for dismissing students as a result of academic or research misconduct; or as a result of illegal, fraudulent, or unethical behavior, please see the Academic Honesty Policy for Graduate Students, the Research Misconduct Policy, and the University of Arkansas Student Handbook.
Other Situations
Departments may dismiss students for situations other than those specified above. When doing so, the department must notify the student in writing of the possibility of dismissal. If it is possible for the student to rectify the situation, he/she must be given a clear statement about what must be done within a specified time period to alleviate the problem. These expectations must be reasonable and consistent with expectations held for all students in the program. If the student does not meet the requirements within the time frame specified, he/she may be dismissed by the degree program with notification to the student and the Graduate School. Students dismissed in this way will not necessarily be dismissed by the Graduate School. If the situation cannot be rectified, the student will be notified in writing of the grounds for dismissal and the date when the dismissal will be effective. This will normally be the end of the semester in which the student is enrolled, but the circumstances of the dismissal will be important in determining this date. Students may appeal their dismissal to the Graduate School, following the procedures outlined in the Graduate Student Grievance Policy.
GRIEVANCE POLICY AND PROCEDURES FOR GRADUATE ASSISTANTS
Note: Graduate Assistants in the Graduate School of Business should follow the grievance procedures for that School.
Introduction
It is the philosophy of the Graduate School that assistantships are not typical employee positions of the University. This has two implications. First, the sponsor should also serve as a mentor to the student and assist, to the extent possible, in facilitating the student’s progress toward his/her degree. Second, any questions concerning performance in or requirements of assistantships shall be directed to the Graduate School or, for master’s students in business, to the Graduate School of Business. Note: the term graduate assistant will be used to refer to those on other types of appointments as well, such as fellowships, clerkships, etc.
The Graduate School has the following authority with regard to graduate assistantships:
1. All requests for new positions, regardless of the source of the funds, must be approved by the Graduate School. When the position is approved, the requesting department or faculty member must complete the form “Request for a New Graduate Assistant Position” and submit it to the Graduate School. All proposed changes in duties for existing graduate assistantships must be approved by the Graduate School prior to their implementation.
2. The duty requirements of the graduate assistantship, including the number of hours required, must be approved by the Graduate School. Fifty percent GAs may not be asked to work more than 20 hours per week (Note: this is not limited to time actually spent in the classroom or lab; the 20 hour requirement also pertains to time required to grade/compute results, develop class/lab materials, etc. Moreover, students cannot be asked to work an average of 20 hours per week, with 30 hours one week and 10 hours the next, for example. The duty hour requirement is no more than 20 hours per week for a 50 percent appointment. See the Graduate Handbook. However, it should also be noted that if the student is engaged in research which will be used in his/her required project, thesis or dissertation, or if the student is traveling to professional meetings, data sources, etc., the student may work more than 20 hours per week.) The duty requirements must complement the degree program of the graduate student and must abide by the philosophy that the first priority of graduate students is to finish their degrees.
3. The Graduate School, in consultation with the Graduate Council, has the right to set the enrollment requirements for full-time status for graduate assistants (as well as graduate students in general).
4. The Graduate School sets the minimum stipend for graduate assistantships, but does not have responsibility for setting the actual stipend. Graduate assistants will be provided with a written statement of the expected duties for their positions, consistent with the duties outlined in the “Request for New Graduate Assistant Position” or any amendments submitted to the Graduate School. A copy of the written statement will be submitted to the Graduate School for inclusion in the student’s file.
Graduate assistants may be terminated from their positions at any time, or dismissed for cause (Board Policy No. 405.4). Termination is effected through the giving of a notice, in writing, of that action at least 60 days in advance of the date the employment is to cease. A copy of the notice must be sent to the Graduate Dean. A graduate assistant has the right to request a review of the termination by the Graduate Dean, following the procedure given below.
However, a student should be warned that if the grounds for dismissal are based on any of the following, the only defense to the termination is evidence to show that the charges are not true:
1. The student fails to meet the expectations of the assistantship positions, as outlined in the initial written statement provided to him/her at the beginning of the appointment.
2. The student provides fraudulent documentation for admission to his/her degree program and/or to his/her sponsor in applying for the assistantship position.
3. The student fails to meet certain expectations, which need not be explicitly stated by the sponsor, such as the expectation that: a)the student has the requisite English language skills to adequately perform the duties of the position; b) the student has the appropriate experience and skills to perform the duties of the position; and c) the student maintains the appropriate ethical standards for the position. The Research Misconduct Policy provides one reference source for such ethical standards.
4. The student fails to make good progress toward the degree, as determined by the annual graduate student academic review and defined by program and Graduate School policies.
5. The assistantship position expires.
Definition of Terms
Graduate Assistant. Any graduate student holding a position which requires that the student be admitted to a graduate degree program of the University of Arkansas, regardless of the source of funds, and for whom tuition is paid as a result of that position.
Sponsor. The person responsible for the funding and duty expectations for the graduate assistant.
Formal graduate assistant grievance. Any dispute concerning some aspect of the graduate assistantship, as defined above, which arises from an administrative or faculty decision that the graduate student claims is a violation of his or her rights. The formal graduate assistant grievance does not pertain to cases in which there is a dispute between co-workers.
Violation of graduate assistant’s rights. An action is considered a violation of the graduate assistants’ rights if: a) it violates Graduate School policy with regard to graduate assistantships; b) it threatens the integrity of, or otherwise demeans the graduate student, regardless of any other consideration; c) it illegally discriminates or asks the graduate assistant to discriminate; d) it requires the student to do something which was not communicated as a condition of holding the assistantship (or the underlying expectations outlined above); e) it terminates the student from an assistantship for behaviors which are irrelevant to the holding of the assistantship or were never included as expectations for the assistantship; f) it requires the student to do something which violates University policy, the law, or professional ethics.
Note: It is impossible to state all of the conditions which might constitute a violation of graduate assistants’ rights or, conversely, which might defend a respondent against charges of such violations. Such complaints require a process of information gathering and discussion that leads to a final resolution of the matter by those who have been given the authority to do so.
Formal grievance. A grievance concerning graduate assistantships/fellowships is considered formal when the student notifies the Graduate Dean, in writing, that he/she is proceeding with such a grievance. The implications of this declaration are: a) the student will be provided with an advocate; b) all correspondence pertaining to any aspect of the grievance will be in writing and will be made available to the Graduate Dean; c) all documents relevant to the case, including minutes from all relevant meetings, will be part of the complete written record, and will be forwarded to the Graduate Dean upon receipt by any party to the grievance; d) the policy contained herein will be strictly followed; and e) any member of the academic community who does not follow the grievance policy will be subject to disciplinary actions. Filing a formal grievance is a serious matter, and the student is strongly encouraged to seek informal resolution of his/her concerns before taking such a step.
Respondent. The person who is the object of the grievance.
Procedures
Note: Grievances are confidential. Information about the grievance, including the fact that such a grievance has been filed, may never be made public to those who are not immediately involved in the resolution of the case, unless the student has authorized this release of information or has instigated a course of action which requires the respondent to respond. An exception to this confidentiality requirement is that the immediate supervisor or departmental chairperson of the respondent will be notified and will receive a copy of the resolution of the case. Since grievances against a respondent also have the potential to harm that person’s reputation, students may not disclose information about the grievance, including the fact that they have filed a grievance, to any person not immediately involved in the resolution of the case, until the matter has been finally resolved. This is not intended to preclude the student or respondent from seeking legal advice.
1. (Graduate assistants who are master’s students in the GraduateSchool of Business should contact the Director of that School.) When a graduate student believes that his/her rights have been violated, as the result of action(s) pertaining to a graduate assistantship he/she holds or has held within the past year, the student shall first discuss his/her concerns with the respondent. If the concerns are not resolved to the student’s satisfaction, the student may discuss it with the Graduate Dean and/or with the Office of Affirmative Action. If the concerns are satisfactorily resolved by any of the above discussions, the terms of the resolution shall be reduced to writing, if any of the involved parties desires to have such a written statement.
2. If the student’s concerns are not resolved by the above discussions and he/she chooses to pursue the matter further, the student shall notify the Graduate Dean in writing of the nature of the complaint. This notification will include all relevant documentation and must occur within one year from the date of the occurrence.
3. Upon receipt of this notification and supporting documentation, the Graduate Dean will meet with the graduate student. If the student agrees, the Dean will notify the respondent of the student’s concerns. If the student does not wish for the respondent to be notified, the matter will be dropped. The respondent will be given ten working days from receipt of the Graduate Dean’s notification to respond to the concerns.
4. The Graduate Dean will meet again with the student and make an effort to resolve the concerns in a mutually satisfactory manner. If this is not possible, the Graduate Dean will refer the case to a committee.
5. Within ten working days from the final meeting between the student and the Graduate Dean, the Graduate Dean will notify the respondent and will appoint an ad hoc committee of five faculty members and two graduate students chosen to avoid bias or partiality. The Associate Dean of the Graduate School will serve as the chair of the grievance committee and will vote only in the case of a tie. A voting member of the Graduate Council will serve as the nonvoting secretary of the committee. At this time, the Graduate Dean will also assign an advocate to the student. The advocate must be a member of the graduate faculty. The immediate supervisor of the sponsor will serve as his/her advocate. Note: The student and sponsor advocates will have the responsibility to help the student/sponsor prepare his/her written materials and will attend committee meetings with the student/sponsor. The advocate will not speak on behalf of the student/sponsor and will not take part in committee discussions of the merits of the case.
6. The committee shall have access to witnesses and records, may take testimony, and may make a record by taping the hearing. Its charge is to develop all pertinent factual information (with the exception that the student and respondent will not be required to be present in any meeting together without first agreeing to do so) and, on the basis of this information, to make a recommendation to the Graduate Dean to either support or reject the grievance. The Graduate Dean will then make a decision based on the committee’s recommendation and all documents submitted by the parties involved. The Graduate Dean’s decision, the committee’s written recommendation and a copy of all documents submitted as evidence by any party to the complaint, consistent with all privacy considerations, shall be forwarded to the person(s) alleging the grievance within 20 working days from the date the committee was first convened; copies shall be sent simultaneously to other parties involved in the grievance. A copy shall be retained by the Graduate School in such a way that the student’s and respondent’s privacy is protected. It should be noted that the Graduate Dean has limited authority to require a sponsor to reappoint a graduate assistant. Consequently, the redress open to the student may be limited.
7. If the grievance is not satisfactorily resolved through step 6, an appeal in writing with all relevant material may be submitted by either the student or the sponsor for consideration by the Provost/Vice Chancellor for Academic Affairs of the University of Arkansas. This appeal must be filed within 20 working days of receiving the decision of the Graduate Dean. Any appeal at this level shall be on the basis of the complete written record only and will not involve interviews with any party to the grievance. The Provost/Vice Chancellor for Academic Affairs shall make a decision on the matter within 20 working days from the date of receipt of the appeal. His/her decision shall be forwarded in writing to the Graduate Dean, the student, and the respondent. This decision is final.
8. If any party to the grievance violates this policy, he/she will be subject either to losing the assistantship position or losing the assistantship. When alleging such a violation, the aggrieved individual shall contact the Graduate Dean, in writing, with an explanation of the violation.
MEASLES AND RUBELLA IMMUNIZATION HOLDS
The University of Arkansas requires entering students who were born after 1/1/57 to provide proof of vaccinations against both rubella and measles except when exempted for medical or religious reasons. Students who fail to comply with the immunization requirement will risk cancellation of registration. Before registering for classes students must do one of the following:
• Provide proof of two immunizations to the University Health Center, or
• Provide proof of medical exemption to the University Health Center, or
• Provide proof of religious exemption to the University Health Center.
These vaccinations are available to entering college freshmen at all county health departments in Arkansas.
If you have any questions about the immunization requirements, please call the University Health Center at (479)575-7755.
A. Preamble
B. Definitions
C. Statement of Policy
D. Applicability of Policy
E. Obligations of Inventors and Waiver and Notice Rights
F. Distribution of Revenues
G. Sponsored Research
H. Publication Rights
I. Copyrights and Computer Software
II. Patent and Copyright Policy Administration
A. University Patent and Copyright Committee
B. Campus Patent and Copyright Committees
C. General Responsibilities
D. Committee Procedure
As a state-supported institution of higher learning, the University of Arkansas has a responsibility for and an interest in the advancement of knowledge and creative work that will enhance its educational mission and promote the economic and social welfare of the public it serves, particularly the people of the State of Arkansas. This responsibility and interest are advanced by engaging in research, the results of which may, on occasion, have commercial applications which are patentable or copyrightable. While Inventions and copyrightable works are not the primary objectives of University Research, when they occur the University has the responsibility of insuring that such Inventions and Works are used and controlled in a manner that benefits the public, the Inventor or Author and the University to the fullest extent possible.
To achieve this purpose, the University adopts this policy to meet the following objectives:
1. Assist the faculty, students, and staff in matters related to Inventions, patents, and copyrights and provide an environment that will encourage the disclosure and development of meaningful Inventions and Works;
2. Obtain the proper benefits for Inventors and Authors and for the University from commercial applications of University Research and apply funds accruing to the University from these applications to the support of research and other scholarly activities at the University;
3. Encourage and facilitate collaborations with sponsors of University Research by appropriately allocating the rights to Inventions and Works which result from Sponsored Research consistent with federal laws; and
4. Determine the rights and interests of all parties in University Research and Sponsored Research according to established, uniform procedures.
For purposes of this policy and of Board Policy 210.2, Copyright in Distance Learning, the University of Arkansas shall mean and refer to the following principal campus units, divisions and administrative units: The University of Arkansas, Fayetteville; The University of Arkansas for Medical Sciences (including the Area Health Education Centers); The University of Arkansas at Little Rock; The University of Arkansas at Monticello; The University of Arkansas at Pine Bluff; the University of Arkansas Community College at Batesville; Cossatot Community College of the University of Arkansas; the University of Arkansas Community College at Hope; the University of Arkansas Community College at Morrilton; Phillips Community College of the University of Arkansas; Division of Agriculture; Arkansas Archeological Survey; the Criminal Justice Institute; the Cammack Campus; and the System Administration. These educational and administrative units, together with certain authorized adjuncts to each and those campuses or units later added by merger or otherwise, constitute the University of Arkansas for which the Board of Trustees is the governing Board of control and are also referred to collectively as the University of Arkansas System
The following definitions are employed in interpreting and implementing this policy:
1. "University" means the University of Arkansas and any entity or activity under the authority of the Board of Trustees of the University of Arkansas.
2. "University Research" means any research or development activity which is directly related to the duties and responsibilities for which a person has been compensated by or through the University or for which facilities owned, operated, or controlled by the University are used.
3. "Sponsored Research" means University Research for which the University has received external support. (For purposes of this policy, external support includes funds received by the University as part of a lease agreement.)
4. "Invention" refers to any material capable of legal protection arising out of University Research and includes any discovery, invention, process, know-how, design, model, computer software (if patentable), strain, variety, or culture of an organism, or portion, modification, translation, or extension of these items but excludes Works as defined hereinafter which are not patentable. It includes marks used in connection with these. (The term "mark" refers to trademarks, service marks, collective marks, and certification marks.) It also includes tangible research property, i.e., tangible items produced in the course of research such as, but not limited to, e.g., biological materials, engineering drawings, integrated circuit chips, computer databases, prototype devices, circuit diagrams, and equipment. (Items of tangible research property may be associated with one or more intangible properties such as patents, copyrights, and trademarks.)
5. "Inventor" means a person who creates, develops or discovers an Invention and includes the definition of "inventor" used in United States Patent Law.
6. "Work" means an original work of authorship arising out of University Research which is protectable by copyright. It includes books, journals, software, computer programs, musical works, dramatic works, videos, multimedia products, sound recordings, pictorial and graphical works and other similar works.
7. "Author" means a person who develops or creates a Work and includes the definition of "author" used in the United States Copyright Act. The University may also be an Author under certain circumstances such as when a Work constitutes a "University Work."
8. "University Work" means a Work created specifically for institutional purposes in the course of a person's employment with the University.
1. It shall be the policy of the University to acquire and retain legal title to all Inventions created by any person or persons to whom this policy is applicable. This policy is established in furtherance of the commitment of the University to the widest possible distribution of the benefits of University Research, the protection of Inventions resulting from such research, and the development of Inventions for the public good.
2. Inventors shall retain rights in Inventions which the University has chosen not to claim under this policy or pledged to a third party as a result of a grant, contract, cooperative agreement, or other Sponsored Research agreement.
3. Rights to Works shall be determined according to the provisions of this policy which apply to copyrights.
1. This policy shall apply to all persons employed, compensated or appointed by the University and to anyone using facilities owned, operated, or controlled by the University. It shall also apply to all Inventions and Works financed, in whole or in part, from funds under the control of the University.
2. Employees engaged in external consulting work or business are responsible for ensuring that agreements emanating from such work are not in conflict with this policy or with contractual commitments of the University. Such employees should provide affirmative notice to the other parties to such agreements, informing them of the obligations of the employees to the University and the possible applicability of this policy to such agreements.
E. Obligations of Inventors and Waiver and Notice Rights
1. Disclosure. All persons to whom this policy is applicable shall furnish to the University a full and complete disclosure of any Invention promptly after it is created or conceived or first reduced to practice. Such persons shall cooperate in a timely and professional manner with the University or with patent or other counsel in protecting Inventions and perform all acts necessary for the University to fulfill its obligations under University Research, including the execution of assignments. The University may require technical advice and assistance from Inventors in the development and licensing of their Inventions.
2. Assignment. All persons to whom this policy is applicable shall, upon request, assign all Inventions and patents to the University, except those which might be owned by third parties pursuant to Sponsored Research agreements and those which might result from independent work or permissible consulting activities without use of facilities owned, operated, or controlled by the University.
3. Waiver. If the University chooses not to protect or commercialize an Invention, the University may, at its sole discretion, waive its rights to the Invention and assign ownership of the Invention to the Inventor as allowed by law, subject to the rights of third parties and to the reservation by the University of a license to practice the Invention for University purposes. The minimum terms of such license shall grant the University the right to use the Invention in its internally administered programs of teaching, research, and public service on a perpetual royalty-free basis. The University may retain more than the minimum license rights and the assignment or license may be subject to additional terms and conditions, such as revenue sharing with the University or reimbursements of the costs of statutory protection, when justified by the circumstances of development.
4. Notice. The University will inform Inventors in a timely manner of its substantive decisions regarding protection, commercialization and/or disposition of Inventions which are disclosed under this policy. The initial notice of such a decision to an Inventor should be given no later than six (6) months after disclosure of the Invention to the University.
5. Independently-Owned Patents. The University may accept assignment of patents or other intellectual property from parties to whom this policy does not apply provided that such action is determined to be consistent with the public interest and educational mission of the University. The patents or other intellectual property so accepted shall be administered in a manner consistent with the administration of Inventions under this policy.
1. In consideration of the disclosure and assignment of Inventions, the Inventor, or the Inventor's heirs, successors, or assigns shall receive fifty percent (50%) of the first two hundred thousand dollars ($200,000) of Net Revenues from the commercialization of an Invention. The remaining fifty percent (50%) shall be distributed to the University in the following manner: forty-five percent (45%) to the chief executive officer of the Inventor's campus or division for distribution within the campus or division for patent administration and research purposes; and five percent (5%) to a fund to be managed and distributed by the University of Arkansas for patent administration and research purposes. Any Net Revenues above $200,000 shall be distributed as follows: (a) thirty-five percent (35%) to the Inventor or the Inventor's heirs, successors, or assigns; (b) sixty percent (60%) to the chief executive officer of the Inventor's campus or division for distribution within the campus or division for patent administration and research purposes; and (c) five percent (5%) to a fund to be managed and distributed by the University for patent administration and research purposes. If there are joint Inventors, Net Revenues shall be distributed equally among them absent a mutual agreement to the contrary.
2. "Net Revenues" shall mean for this purpose all Revenues received by the University from the commercialization of Inventions and Works minus the costs incurred by the University for patenting, licensing, and the protection and maintenance of patent and copyright rights and other documented costs incurred by the University directly related to commercialization.
3. "Revenues" shall mean cash from payments including, but not limited to, royalties, option fees, license fees or from the sale of Equity but shall not include research support received by the University as part of the consideration for licensing an Invention or Work in lieu of an option free, license fee or royalty. Inventors shall have no entitlement to a share of such research support as personal income.
4. Net Revenues will be distributed normally on an annual basis, with payments being made within sixty (60) days after the end of a calendar year in which Net Revenues from the Invention or work have accrued.
1. In agreements with business entities relating to rights in Inventions and Works, the University may receive Equity as partial or total compensation for the rights conveyed. In any such instance, the University shall share any such Equity with the Inventor or Author in the same manner as Net Revenue is shared pursuant to Section I.F above. Consistent with Arkansas Code ' 19-11-717 and campus or unit conflict of interest policies, and subject to review and approval by the Chancellor or other chief executive officer of the unit of the University, the President and the Board of Trustees, Inventors or Authors may hold direct, individual Equity in a business entity that has an agreement with the University relating to the commercialization of Inventions or Works. The University, in its sole discretion, may require an Inventor or Author who holds direct, individual Equity in such a business entity to waive any right which the Inventor or Author may have to share in Equity and/or Net Revenues through the University under Section I.F above.
2. Dividend income and income from the sale or disposition of Equity held by the University pursuant to agreements relating to the commercialization of Inventions or Works shall belong to the University and be distributed in accordance with the provisions of Section I.F unless an Inventor or Author has been required to waive such rights under Section I.G.1 above. Such Equity shall be sold or disposed of at a time and in a manner selected solely at the discretion of the University, subject to restrictions imposed by law, the underwriters of the stock issuance or the business entity. Dividend income and income from the sale or disposition of Equity held directly by an individual Inventor or Author shall belong to the Inventor or Author and may be sold or disposed of at a time and in a manner selected solely at the discretion of the Inventor or Author, subject to restrictions imposed by law, the underwriters of the stock issuance or the business entity.
3. An Inventor or Author shall not serve as a member of the board of directors or other governing board or as an officer or an employee (other than as a consultant) of a business entity that has an agreement with the University relating to the commercialization of Inventions or Works and in which the University has Equity without prior review and approval by the Chancellor or the chief executive officer of the unit of the University. When requested and authorized by the University, an employee may serve on behalf of the University as a member of the board of directors or other governing board of a business entity that has an agreement with the University relating to the commercialization of Inventions or Works and in which the University has Equity.
4. "Equity" shall include, but not be limited to, stock, securities, stock options, warrants, buildings, real or personal property, or other non-cash consideration. Inventors shall not be entitled to receive a share of the subset of University-owned Equity which consists of buildings, real or personal property, or other non-cash consideration.
Rights to Inventions and Works made under Sponsored Research are determined by the contractual or grant agreements between the University and the sponsor. Except in limited circumstances where the University determines that the waiver of such rights is appropriate in fulfilling its educational mission, allocation of rights to Inventions and Works made under Sponsored Research shall be consistent with this policy.
In all Sponsored Research, the right shall be reserved for Inventors, Authors and the University to publish and disseminate the knowledge gained and the results obtained. The University may grant a sponsor a limited review period (normally thirty (30) days) prior to submission for publication in order to protect proprietary information and any technology which may be the subject of a patent application.
J. Copyrights and Computer Software
1. Copyrights to, and royalties from, textbooks, reference works, submissions to scientific journals, and other Works (excluding computer software and Technology Enhanced Course Materials) produced by persons to whom this policy is applicable as a part of their normal teaching, scholarly and aesthetic activities at the University or on approved off-campus duty assignments, and which do not result from projects specifically funded in whole or in part by the University or by a sponsor of the University, shall belong to the Author or Authors and may be retained or assigned by them. If, on the other hand, the University provides its own funds, or a sponsor's funds, to finance (in whole or in part) a specific research or educational project (herein "commissioned Works") and such Works are produced by persons to whom this policy is applicable as a result of the project or the Works constitute University Works, ownership of copyrights and Revenue rights therein shall reside in the University. Revenues generated by the commercialization of such Works may be shared with the Authors or creators according to Section I.F of this policy or on other terms as set by the University in its sole discretion.
2. All rights to computer software, including computer programs, computer data bases, and associated documentation (herein "computer software"), whether copyrightable or patentable, produced by any person to whom this policy is applicable shall belong to the University, with the exception of software which constitutes Technology Enhanced Course Materials governed by Board Policy 210.2. Revenues generated by the commercialization of computer software shall be shared with the Authors/Inventors according to Section I.F of this policy. Computer software produced on an Author's own time or through permissible consulting activities and without the use of facilities owned, operated, or controlled by the University shall belong to the Author and all rights thereto may be retained or assigned by the Author.
3. It shall be the responsibility of the Author or creator to notify the University of the development of all commissioned Works, University Works and computer software.
II. Patent and Copyright Policy Administration
A. University Patent and Copyright Committee
The President shall appoint a University Patent and Copyright Committee of nine (9) members with one (1) representative from each of the four (4) four-year campuses, the Medical Sciences campus and the Division of Agriculture and a single representative agreed upon by a consensus of the two-year campuses and other units of the University. The specific representative of the two-year campuses and other units of the University may be selected on a rotating basis with a limit on the number of consecutive annual terms that a person from any one of such entities may serve. The Vice President for Finance and Administration and the Associate Vice President for Legal Affairs shall be ex officio members of the Committee. The General Counsel shall serve as legal advisor to the Committee. A chairman shall be elected from among the membership of the Committee. The Committee shall meet at least annually and at other times upon the request of the chairman or the President. The Committee shall be responsible for:
1. Reviewing the operation of the University Patent and Copyright Policy and proposing policy changes if needed;
2. Reviewing proposed exceptions to the established policy;
3. Resolving issues referred by campus patent and copyright committees;
4. Advising the President on patent and copyright policy matters as requested.
B. Campus Patent and Copyright Committees
1. Each campus of the University shall establish a committee composed of faculty and staff which shall be responsible for implementing the University Patent and Copyright Policy on the particular campus. Any campus which has received less than five (5) Invention disclosures during a fiscal year shall not be required to establish or maintain a committee and may request assistance from such committee of any other campus in implementing this policy. The committees shall consist of no less than five (5) members, appointed by the Chancellor or chief executive officer, and shall meet no less than on a quarterly basis. A chairman shall be elected from among the membership of the committees.
2. For the Fayetteville campus only, the committee shall be composed of no less than eight (8) members; three (3) of which shall be appointed from the Division of Agriculture by the Vice President for Agriculture. Disclosures for patentable or copyrightable material emanating from the Fayetteville campus and the Division of Agriculture shall be administratively controlled by the Fayetteville campus committee.
3. In matters of a substantive legal nature, the committees shall seek the advice and assistance of the General Counsel and/or the Associate Vice President for Legal Affairs.
The committee shall have the general responsibility of:
1. Reviewing Invention disclosures submitted to the University for patenting consideration;
2. Evaluating Inventions for patentability, as well as scientific merit and practical application;
3. Appointing ad hoc technical subcommittees to assist the committee in evaluating Inventions;
4. Seeking University approval of outside technical assistance in evaluating Inventions;
5. Determining patent or related property rights or equities held by the University in an Invention or Work;
6. Providing scientific and technical assistance to approved patent management organizations to achieve the realization of full benefits of University Inventions that have commercial potential;
7. Seeking initial resolution of campus disputes relating to rights in Inventions and Works; and
8. Reviewing Works (including computer software) submitted for copyright consideration.
Normally within thirty (30) days of the receipt of an Invention disclosure, the committee will submit to the Chancellor or other chief executive officer or the Vice President for Agriculture its recommendation regarding the disposition of an Invention. Such recommendation shall be forwarded within ten (10) days of receipt to the President. In most instances, the recommendation will consist of one of the following:
1. University should proceed to secure a patent or register a copyright or a trademark;
2. The matter should be submitted to a patent management organization with which the University has a contract for review, report, and possible management by the patent management organization;
3. Negotiations should be entered into with industry whereby continued research and development within the University will be funded pursuant to contract with a corporation or firm which would receive certain rights regarding the Invention in return for Revenue or, under limited circumstances, an assignment in return for payment of additional sums;
4. Commercial or education values involved are so slight and/or incompatible with the interests of the University as to indicate that the University should relinquish any property interest to the Inventor or Author or his/her assigns.
October 2, 2001 (Revised)
June 13, 1986 (Revised)
June 18, 1982 (Revised)
November 18, 1977 (Revised)
May 18, 1973 (Revised)
September 29, 1967 (Revised)
October 7, 1996 (Revised)
May 17, 1945
PHOTOGRAPHIC AND VIDEO IMAGES
The University is proud to publish and display photographic and video images of UA students, their activities and accomplishments. Any student who does not wish to be represented in such photographic and video images by the University should notify the Office of the Registrar, Hunt 146, in writing before the end of the first week of classes each semester. The request will be honored for all publications and communications undertaken during the remainder of any semester when notification has been received.
POLICIES ON EMPLOYMENT, STUDENT RECORDS, SEXUAL ASSAULT AND SEXUAL HARASSMENT
The following federal laws and executive orders apply to the operation of all units of the university: Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin by educational programs receiving federal funds.
Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, prohibits discrimination in employment (including hiring, upgrading, salaries, fringe benefits, training, and other conditions of employment) on the basis of race, color, national origin, or sex.
The Civil Rights Act of 1991 amends the provisions of Title VII, the ADEA, and the ADA, bringing together prohibition of discrimination on the basis of age for person over 40 and disability.
Executive Order 11246, as amended by Executive Orders 11375 and 12086, prohibits discrimination in employment by federal contractors on the basis of race, color, religion, national origin, or sex.
The Equal Pay Act of 1963 prohibits discrimination in salaries on the basis of sex. Title IX of the Education Amendments of 1972 (Higher Education Act) prohibits discrimination on the basis of sex against students or others in education programs or activities.
Title VII (Section 799A) and Title VIII (Section 845) of the Public Health Service Act, as amended by the Comprehensive Health Manpower Training Act, and the Nurse Training Amendment Act of 1971, prohibit discrimination based on sex in admission of students to federally assisted health personnel training programs and in employment practices in these programs.
The Age Discrimination in Employment Act covers people over the age of 40 and forbids discrimination on the basis of age unless age is a bona fide occupational qualification.
The Rehabilitation Act of 1973 prohibits discrimination in employment of qualified individuals with disabilities. The same act prohibits discrimination against students with disabilities.
The Americans with Disabilities Act of 1990 also prohibits discrimination against students, employees, and the general public on the basis of disabilities.
The Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits discrimination against qualified disabled veterans and veterans of the Vietnam era. If you are a Vietnam-era veteran, a disabled veteran, or if you have a disability that requires accommodation, please notify the Office of Affirmative Action of your status.
Non Discrimination
In the Spring of 1983 the Campus Council adopted a statement regarding discrimination which was amended in the Fall of 1991: “The Campus Council of the University of Arkansas, Fayetteville, does not condone discriminatory treatment of students or staff on the basis of age, disability, ethnic origin, marital status, race, religious commitment, sex, or sexual orientation in any of the activities conducted upon this campus. Members of the faculty are requested to be sensitive to this issue when, for example, presenting lecture material, assigning seating within the classroom, selecting groups for laboratory experiments, and assigning student work. The University faculty, administration, and staff are committed to providing an equal educational opportunity to all students.”
The University of Arkansas is committed to the policy of providing educational opportunities to all qualified students regardless of their economic or social status, and will not discriminate on the basis of handicaps, race, color, sex, creed, veteran’s status, age, marital or parental status, or national origin.
In the area of employment (including hiring, upgrading, salaries, fringe benefits, training and other conditions of employment), the University will not discriminate on the basis of race, color, sex, creed, veteran’s status, age, marital or parental status, or national origin, and it does not discriminate against qualified handicapped individuals or veterans, in treatment or employment in its programs and activities. The Office of Affirmative Action has been designated to coordinate efforts to comply with laws and regulations relating to affirmative action and nondiscrimination.
Personally Identifiable Student Records
The university adheres to the requirements of the “Family Educational Rights and Privacy Act of 1974” as amended (Buckley Amendment). Under this act, students have a right of access to personal records, may challenge the content of records, and have the assurance that their records will be kept confidential. There are exceptions to these regulations which must be carefully observed and documented. See the Catalog of Studies for additional information: http://catalogofstudies.uark.edu/
Sexual Assault Policy (Adopted by the Campus Council, Sept. 23, 1993)
Policy Statement
It is the policy of the University of Arkansas to prohibit sexual assault and to prevent sex offenses committed against students, employees, visitors to the campus, and other persons who use University facilities. Sexual assault is an extreme form of sexual harassment. Sexual harassment is prohibited by University policy and is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 and by Title IX of the Education Amendments of 1972. Sexual assault is also a crime, defined by the Arkansas criminal code.
Definitions
Sexual assault may include any involuntary sexual act which a person is threatened, coerced, or forced to engage in against her or his will. Sexual assault may be committed by a stranger or by an acquaintance.
Acts defined as sexual assault include rape, date rape, acquaintance rape, and gang rape, but may also include sexual touching of another person against his or her will, and forcing an unwilling person to touch another person sexually.
Sexual assault occurs when such acts are committed either by force, threat, or intimidation, or through the use of the victim’s mental or physical helplessness, of which the assailant was aware or should have been aware.
Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual assault should report the assault immediately to the University Police (Department of Public Safety. If the assault occurred outside the jurisdiction of the University Police, they will assist in reporting it to the proper authorities.
Sexual assault may also be reported to the Fayetteville police, if it occurred within the city limits, or to the police of another municipality if the assault occurred within another township or city which has a police force. It may be reported to the Washington County Sheriff’s Department if it occurred outside city limits but within the county. Sexual assault may also be reported to the community Rape Crisis Help Line.
Preserving Evidence
It is important that evidence of sexual assault be preserved, because it may be necessary as proof in a criminal case. Victims and others should not alter the scene of the attack. The victim should not change clothes or take a bath before calling the police or Rape Crisis. The victim should be taken to a local hospital which has kits to collect and preserve evidence of rape and sexual assault.
Availability of Counseling
Counseling and other mental health services for victims of sexual assault are available on campus and in the community. Students and employees may use the Counseling and Psychology Services (CAPS) unit of the University Health Center. The Psychological Clinic of the Department of Psychology may be able to provide assistance in some cases. Community mental health agencies, such as the Ozark Guidance Center, and counselors and psychotherapists in private practice in the area can provide individual and group therapy. The Rape Crisis Help Line may make referrals for individual counseling and support groups.
Education and Awareness Programs
The Sexual Health Education Coordinator in the Department of Health Promotion and Education of the University Health Center is responsible for planning and coordinating campus education and awareness programs about all forms of sexual assault, including rape, acquaintance rape, and other sex offenses. Programs are presented regularly throughout the academic year in residence halls, fraternities, sororities, and for student organizations, academic classes, and in other settings that are likely to reach people throughout the campus community. Campus-wide education and awareness activities are also conducted during Sexual Assault Prevention Week.
Other campus resources for sexual assault awareness, education, and prevention include the peer education group Sexual Harassment and Rape Prevention (SHARP), and the Sexual Assault Victim Advocacy and Education Program (SAVE), sponsored by Rape Crisis, the University Health Center, and the Alliance for Women’s Concerns. A peer education course in sexual assault prevention will be offered, starting in the Spring of 1994.
University Judicial System
When appropriate, the University Police (Department of Public Safety) or any member of the University community may refer allegations of sexual assault to the University judicial system. The judicial system, which is described in the Student Handbook portion of the Undergraduate Studies Catalog, provides a just and equitable process for dealing with alleged infractions by students of University rules, regulations, or laws. The system is informal and non-adversarial, and is intended to educate students, to help them make responsible decisions, and to be accountable for their actions.
In some instances, it may be appropriate for University faculty and staff members to use the University’s formal grievance procedures to address grievances related to allegations of sexual assault. The faculty grievance procedure is described in the University of Arkansas Faculty Handbook. The staff grievance procedure is described in the Staff Handbook.
During University judicial proceedings and grievance procedures, both the accuser and the person accused are entitled to the same opportunities to have others present. Both the accuser and the person accused shall be informed of the outcome of any campus judicial proceeding or grievance procedure in which sexual assault is alleged.
Disciplinary Action
Students and employees who are convicted of sexual assault may also be subject to University disciplinary action. According to the circumstances of the case, possible sanctions may range from a formal reprimand to dismissal from the University.
Victims of sexual assault may receive assistance in making reasonable changes in their work, academic, or living situations. Students may request assistance in changing their living situations from Residence Life and Dining Services. Requests for academic changes should be directed to the dean of the appropriate college. Staff may request assistance in changing their work situations from their supervisors or from the Department of Human Resources. Requests for such changes will be considered on the basis of their appropriateness and whether the requested change is reasonably available.
Sexual Harassment Policy
(Adopted by the Campus Council, February 17, 1994, Amended, March 17, 1994)
Policy Statement
It is the policy of the University of Arkansas to provide an educational and work environment in which thought, creativity, and growth are stimulated, and in which individuals are free to realize their full potential. The university should be a place of work and study for students, faculty, and staff, which is free of all forms of sexual intimidation and exploitation. Therefore, it is the policy of the University of Arkansas to prohibit sexual harassment of its students, faculty, and staff and to make every effort to eliminate sexual harassment in the university.
The university’s prohibition of sexual harassment applies to members of the university community, to visitors to the campus, and to contractors and others who do business with the university or who use university facilities. The policy prohibiting sexual harassment applies regardless of the gender of the harasser or of the person being harassed. The policy applies to sexual harassment which takes place in any relationship, including both those involving a power differential and those between peers, colleagues, and co-workers. The university policy prohibits sexual harassment between or among students, faculty, staff, and others visiting or conducting official business on campus, and in all areas of the university’s work and educational environments.
Sexual harassment of employees is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. Sexual harassment of students is a violation of Title IX of the Education Amendments of 1972. These laws apply to both the university and to individuals. Those who engage in sexual harassment may be subject to legal consequences, including civil and criminal penalties and monetary damages. Sexual harassment subverts the mission of the university and threatens the careers, educational experience, and well-being of students, faculty, staff, and visitors to the campus. In both obvious and subtle ways, sexual harassment is destructive to individual students, faculty, staff, and the academic community as a whole. Sexual harassment blurs the boundary between professional and personal relationships by introducing a conflicting personal element into what should be a professional situation. When, through fear of reprisal, a student, staff member, or faculty member submits or is pressured to submit to unwanted sexual attention, the university’s ability to carry out its mission is seriously undermined.
Sexual harassment is especially destructive when it threatens relationships between teachers and students or supervisors and subordinates. Through control over grades, salary decisions, changes in duties or workloads, recommendations for graduate study, promotion, and the like, a teacher or supervisor can have a decisive influence on a student’s, staff member’s, or faculty member’s career at the university and beyond. Sexual harassment in such situations constitutes an abuse of the power inherent in a faculty member’s or supervisor’s position.
Definitions
Sexual harassment as defined by the U.S. Equal Employment Opportunity Commission and adapted to the academic environment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or written communication of a sexual nature, regardless of where such conduct might occur, when:
(1) submission to the conduct is made either implicitly or explicitly a term or condition of an individual’s employment with the university or of an individual’s academic status or advancement in a university program, course, or activity;
(2) submission to or rejection of the conduct by an individual is used as the basis for employment or academic decisions affecting that individual; and/or
(3) the conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive working or learning environment.
Sexual harassment is distinguished from voluntary sexual relationships in that it introduces such elements as coercion, threat, unwanted sexual attention, and/or promises of academic or professional rewards in exchange for sexual favors. Sexual harassment is unwelcome behavior. Behavior that the courts have found to constitute sexual harassment is usually repeated or continues even after the individual makes it clear that it is unwanted. Sexual harassment is often divided into two categories: (1) quid pro quo harassment and (2) harassment resulting from a hostile or abusive environment.
Quid pro quo harassment involves an explicit or implied exchange; that is, the granting or denial of a benefit or privilege in exchange for sexual considerations. The harasser uses submission to or rejection of the offensive conduct as the basis for decisions such as employment, promotion, transfer, selection for training, performance evaluation, or the basis for academic evaluation or recommendations.
Court decisions have established that a hostile or abusive working or learning environment may also constitute sexual harassment. While the exact definitions and limits of a hostile or abusive environment continue to be delineated by the courts, case law indicates that such an environment exists when the workplace or educational environment is permeated by discriminatory intimidation, insults, and ridicule, such as sexual innuendos, uninvited sexual advances, sexually suggestive or discriminatory remarks, sexually suggestive or offensive signs, graffiti, or pictures, the use of sexually crude and vulgar language, etc. The U.S. Supreme Court has held that, to constitute sexual harassment, the offensive conduct must be sufficiently severe and pervasive that a reasonable person would find the conditions of the working or learning environment to have been adversely affected. The employee or student must also subjectively perceive the environment to be hostile or abusive. However, it is not necessary that an employee’s or student’s psychological well-being be seriously affected or that she or he suffer injury for a discriminatorily hostile or abusive environment to exist. One utterance of an offensive epithet does not by itself constitute sexual harassment. The Supreme Court has indicated that whether an environment is hostile or abusive can be determined only by looking at all the circumstances, which may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance or a student’s learning. Examples of behavior that may constitute sexual harassment are included in the policy’s Appendix.
Academic Freedom
Works of art and literature, readings, and other written, auditory, or visual course materials which are used in an educational context, including classrooms, academic offices, and all other learning environments, or which are part of academic or cultural programs, do not constitute sexual harassment, regardless of their sexual, erotic, suggestive, or vulgar content and regardless of whether they may be offensive to some individuals.
Consensual Relationships
Consensual sexual relationships between faculty and their students or between supervisors and their employees in some instances may result in charges of sexual harassment. Consensual relationships may lead other faculty and students or supervisors and coworkers to question the validity of grades, evaluations, and other interactions between the people involved in such a relationship. The integrity of the work of both people in the relationship may be compromised.
University faculty, administrators, and other supervisory staff should be aware that any sexual involvement with their students or employees could subject them to formal action if a sexual harassment complaint is subsequently made and substantiated, and that they bear the greater burden of responsibility should it be proven that the power differential between them made the relationship other than fully consensual. Even when both parties have consented to a relationship, it is the faculty member, administrator, or supervisor who may be held accountable for unprofessional behavior. Other students or employees may allege that the relationship creates a hostile or abusive environment affecting them. Graduate assistants, residence hall staff, tutors, and undergraduate course assistants who are professionally responsible for students will be held to the same standards of accountability as faculty in their relationships with students whom they instruct or evaluate.
When a consensual relationship exists between a student and a faculty member who has control over the student’s academic work or status or between an employee and his or her supervisor, the resulting conflict of interest should be addressed in accordance with university policies concerning conflict of interest.
Responsibility to Report
Any student, faculty member, staff member, administrator, or visitor to the campus who has experienced or witnessed sexual harassment is strongly urged to report it. The university must know about incidents of sexual harassment in order to stop them, protect victims, and prevent future incidents. It is the responsibility of university faculty, administrators, and supervisors to report complaints of sexual harassment which they receive and of possible sexual harassment of which they become aware. When there is a relationship that involves legally-recognized professional confidentiality between the complainant and the person to whom the harassment is reported, the report may be withheld at the request of the complainant.
Timeframe for Reporting
Sexual harassment should be reported immediately and must be reported within 180 days of its occurrence. However, under compelling circumstances, a delayed report of sexual harassment may be made, provided it is made within 180 days after a student has graduated from the university or 180 days after an employee has left his or her current position at the university.
Retaliation Prohibited
University policy and federal law prohibit any form of retaliation against a person who makes a sexual harassment complaint, participates in an investigation of sexual harassment, or participates in formal grievance or disciplinary procedures. Retaliation against a complainant or witness is, in itself, a violation of university policy and the law, and is a serious separate offense.
False Reports of Sexual Harassment
Willfully making a false report of sexual harassment is a violation of university policy and is a serious offense. Any person who willfully makes or participates in making a false or frivolous report of sexual harassment will be subject to disciplinary action.
Reporting System
Students, faculty members, administrators, staff members, or visitors to the university may report allegations of sexual harassment to an official (hereinafter referred to as the “complaint officer”) who is designated by, and who reports to, the Chancellor. They may discuss with the complaint officer any situation which they believe may constitute sexual harassment. Reports may be made by the person experiencing the harassment or by a third party, such as a witness to the harassment or someone who is told of the harassment.
Investigation of Complaints
The complaint officer must investigate every allegation of sexual harassment, including informal and third party reports. The investigation shall be appropriate to the complaint, taking into consideration its seriousness, the extent to which it is or can be substantiated, and the nature of the resolution desired by