AAUP logo

CBC logo

Negotiations: Article 21, Distance Learning

Wright State University Chapter

American Association of University Professors

MOU? CBA? RCM? NTE? TET?

What are all these acronyms? See this guide.

The administration submitted the proposal shown in the right column of the table below at the March 5 negotiating session, and our team countered on March 10 with the proposal in the left column. Reports about the status of this article will be found below the article itself.

See our CBA Negotiations page for a roster of the AAUP-WSU negotiating team, brief reports about each Monday's negotiation session, and an article-by-article summary table with links to detailed information about each individual article that either the administration or AAUP-WSU proposes to include in the CBA.

Article 21

Distance Learning

AAUP-WSU Proposal of March 10

Administration Proposal of March 5

[Note: the proposal below features a great deal of new language, none of which is marked as such, but no language on hybrid courses as taught in the College of Engineering and Computer Science.]

21.1 The term “distance learning” as used herein refers to a planned teaching/learning experience that makes significant use of any of a wide spectrum of instructional technologies to reach students who are separated by physical distance from the teacher. Distance learning includes but is not limited to: 1) synchronous distribution e.g. face to face interaction provided through room based-video, desktop-based video, or other modes of interactive audio and video conferencing, 2) asynchronous distribution, e.g., web-based or internet-based online courses/sections or 3) some combination of the above and/or through such other technologies as identified, provided and supported by the University. A “distance-learning course” refers to a course or sections of a course offered using such technologies for 75% or more of the instruction.

21.2 The decision to offer a distance-learning course shall be made by the Dean of a College or designee. A distance-learning course may be offered at the request of a Bargaining Unit Faculty Member or at the request of the Dean or designee.

21.2.1 A Bargaining Unit Faculty Member cannot be compelled to teach a distance-learning course. Before agreeing to teach a distance learning course a Bargaining Unit Faculty Member will be informed of the class limit in writing and receive in writing a response to any written request(s) the BUFM makes for any equipment, software or support that he or she feels is needed to offer the class.

21.3 Distance learning courses shall be subject to the same Department, College, and University procedures for review and approval of curriculum changes as apply to non-distance-learning courses.

21.4 Courseware developed for a distance learning course shall be subject to oversight by appropriate faculty committee(s) to ensure course quality and program relevance.

21.5 Consistent with standards of quality recognized at the national level, the University will provide necessary support for the development and use of distance learning courseware approved by the University. Such support shall include needed training, consultation on instructional design, production of materials, and technical assistance. If there is a need or desire to change distance learning courseware, or to adopt a major upgrade to the current to the current distance learning courseware, the Academic Services Committee (ASC) will make recommendations to the University on the selection of such courseware, and no selection will be made until ASC has had a reasonable opportunity to evaluate both the proposed courseware and, if ASC so chooses, alternatives. If ASC believes that a Member's initial use of the proposed courseware is likely to entail time expenditure similar to that required when teaching distance learning for the first time, it will so inform the University.

NOTE: the parties may want to add language to the ASC section.

21.6 When using distance learning technologies in place of scheduled classes, Members must seek approval pursuant to Section 7.4.2.

21.7 Compensation for Distance Learning is restricted to (a) teaching a distance learning course/section for the University, as specified in Section 21.7.1 below, (b) royalties, as specified in Section 21.7.2 below, (c) participation in Distance Learning Programs, as specified in Section 21.7.3 below, and (d) developing an online distance-learning course at the request of the University as a work for hire, as specified in Section 21.7.4 below.

21.7.1 Compensation for teaching a distance-learning course pursuant to Section 21.2 is normally provided only when (i) a Member teaches a distance learning course for the first time at Wright State University, or (ii) a Member teaches a distance learning course for the first time under new or significantly upgraded distance learning courseware and ASC has informed the University that a Member's initial use of this courseware is likely to entail time expenditure similar to that required when teaching distance learning for the first time, pursuant to Section 21.5. However, if the University adopts new or significantly upgraded distance-learning courseware without giving ASC a reasonable opportunity to evaluate both the proposed courseware and, if ASC so chooses, alternatives, then circumstance (ii) above will apply.

21.7.2 When a Member has developed a distance learning course and neither 21.7.3 or 21.7.4 applies, the Member retains all intellectual property rights applicable to the materials developed (see Article 20). The Member is under no obligation to allow the University or even other faculty members to use the materials developed. However, if the University wishes and the Member agrees, then those parties can enter into a signed agreement with the following provisions:

1) A clear description of the materials that have been developed to which the signed agreement applies

2) a statement that the Member will own (i.e., will own the copyright to) materials specified in 1), but that during the lifetime of the signed agreement, (see 5) below) the University may provide the developed materials to another person employed to teach by Wright State University, and that each instance (which here and below will refer to a single section of a single course in a single term) of such provision will be reported to the Member, including the term, course, number of credit hours, and section number in which the developed materials may be used

3) in each instance in which the University provides some or all of the materials specified in 1) to another person employed to teach by Wright State University, the University will pay the Member royalties proportional to the number of credit hours reported in accordance with 2) as follows:

  • if the other person is a member of either the NTE or TET Bargaining Unit, then the royalties shall be the same as the minimum overload rate per credit hour specified in Article 23 for Assistant Professor;
  • otherwise, twice the above specified royalties will be paid.

However, if the Member asked the University to provide support or services, beyond those ordinarily available to Members, to facilitate the development of the materials specified in 1), and the University agreed in writing do so, then the above dollar amounts will be reduced by half.

4) in each instance in which the University provides some or all of the materials specified in 1) to another person employed to teach by Wright State University, the University will inform the other person in writing that the materials specified are owed by the Member and that the other person may use the specified materials only in the specified term, course, and section number

5) an expiration date for the signed agreement, which will be at most five years after its execution

Absent such a signed agreement, the University cannot use (nor ask nor expect nor authorize other University employees to use) the materials developed.

If the parties so desire, they may renew any such signed agreement before or after its expiration date.

21.7.3 Distance Learning Programs

21.7.3.1 Here and elsewhere in this article, the term "Distance Learning Program" refers to a collection of courses (a majority of which are distance learning courses) that leads to a degree (undergraduate or graduate), an undergraduate minor, a certificate, or the equivalent.

21.7.3.2 Before the University implements a Distance Learning Program, the Program must be approved in the same way that ordinary (non-distance-learning) programs are approved.

21.7.3.3 When the University wishes to implement a Distance Learning Program, it must enter into signed agreements with individual Members who develop the relevant courses; each such agreement must be in accordance with 21.7.2 or 21.7.4 or, at the University's option, the following. The purpose of such agreements of this latter type is to ensure that the University will be able to have distance learning courses developed for a Distance Learning Program developed and to offer reliably those courses.

1) A statement of which course the developed materials are intended for, including the number of credit hours attached to the course

2) a description of the materials the Member is to develop

3) a statement that the Member is obligated to renew, refresh, or otherwise keep up to date the materials specified in 2) until a specified date (which shall be at most five years after the execution of the signed agreement) or the Member ceases to be an employee of Wright State University, whichever comes first.

4) Any compensation for developing the course that exceeds the following minimum: 1/30th of the Member's academic year base salary (or, for Members with fiscal year appointments, 1/30th of 9/11ths of the fiscal year base salary), per credit hour (as specified in item 1). However, if a compensation rate above the minimum rate (1/30th of base salary per credit hour) is agreed to by any Member developing a course for a given program, then the same higher-than-minimum rate will be paid to all Members developing courses for this program.

5) A statement that as long as the University wishes to have the materials specified in 2) in the course specified in 1), the Member will have the right of first refusal to teach the course. This right of first refusal applies during all academic terms, including summer, but it does not obligate the University either to offer an overload to the Member during the Fall or Spring semester or to offer summer teaching to the Member beyond what is specified in Article 7.

6) a statement that the Member will own (i.e., will own the copyright to) materials specified in 2) but that the University may provide the developed materials to another person employed to teach by Wright State University for use in the course specified in 1), and that each instance (which here and below will refer to a single section of a single course in a single term) of such provision will be reported to the Member, including the term, course, number of credit hours, and section number in which the developed materials may be used

7) in each instance in which the University provides some or all of the materials specified in 2) to another person employed to teach by Wright State University, the University will pay the Member royalties proportional to the number of credit hours reported in accordance with 6) as follows:

  • if the other person is a member of either the NTE or TET Bargaining Unit, then the minimum overload rate specified in Article 23 for Assistant Professor shall apply.
  • otherwise, twice the above specified rate will apply.

However, no royalty shall be paid for any section that the University has asked the Member to teach as part of the Member's standard teaching load, but which the Member has declined to teach pursuant to Section 21.2.1, during the Fall or Spring semester. Likewise, no royalty shall be paid for any section that the University has asked the Member to teach (at the "full" summer pay rate specified in Article 23), but the Member has declined to teach for any reason, during summer.

8) in each instance in which the University provides some or all of the materials specified in 2) to another person employed to teach by Wright State University, the University will inform the other person in writing that the materials specified are owed by the Member and that the other person may use the specified materials only in the specified term, course, and section number

9) a statement that the University is responsible for obtaining copyright permission for items used in the creation of the developed materials

10) a description of any support or services, beyond those ordinarily available to Members, that the University will provide to facilitate the development of the materials

21.7.4 Compensation for developing a distance learning course as a work for hire.

21.7.4.1 "Developing a distance learning course as a work for hire" means a circumstance in which "a Bargaining Unit Faculty Member is asked by the University to develop and agrees to develop a distance learning course, when also the resulting materials will be owned by the University". In this event, the Member and the University will enter into a signed agreement outlining the rights and responsibilities of the parties. The signed agreement will contain, at a minimum, the following provisions:

  1. A statement of which course the developed materials are intended for, including the number of credit hours attached to the course
  2. a description of the materials the Member is to develop
  3. Any compensation for developing the course that exceeds the following minimum: 1/15th of the minimum academic salary for the rank of Professor specified in Article 24 of the TET CBA, per credit hour (as specified in item 1)
  4. a statement that the University will own (i.e., will own the copyright to) materials developed and that it may, in particular,
    • have other faculty members use the developed materials to teach the course specified in item 1 above, or any other course
    • have other persons modify the developed materials
    • reuse, license, distribute, or sell the developed materials or modified versions thereof
  5. a statement that the University is responsible for obtaining copyright permission for items used in the creation of the developed materials
  6. a description of any support or services, beyond those ordinarily available to Members, that the University will provide to facilitate the development of the materials

21.7.5 Other uses prohibited

In the presence of a signed agreement as specified in Sections 21.7.2, 21.7.3, and 21.7.4, the University will enjoy the rights enumerated in those Sections. However, no additional rights are intended or implied. In particular, unless a work for hire agreement pursuant to Section 21.7.4 applies, the University may not reuse, license, distribute, or sell materials (that is, materials a Member develops for a distance learning course) or modified versions thereof.

21.7.6 Outside developers prohibited

The University will not offer a distance learning course (whether part of a Distance Learning Program or not) for credit that has been developed by any outside entity such as a publisher or other institution of higher education or software developer. However, the University is not prohibited from offering a distance learning course whose materials are developed by other university employees (to include part time faculty).

21.8 Office Hours. A Bargaining Unit Faculty Member teaching a distance learning course may hold some of the normally expected office hours (see Section 7.5) online. If all classes taught during a given quarter are distance learning courses, the Member must still maintain sufficient on campus office hours to meet the reasonable needs of the Member’s advisees.

21.9 Learning Environment. Consistent with the provisions of Section 7.6, a Bargaining Unit Faculty Member may block a disruptive student’s access to a distance learning course.

21.1 The term “distance learning” as used herein refers to a planned teaching/learning experience that makes significant use of any of a wide spectrum of instructional technologies to reach students who are separated by physical distance from the teacher. Such technologies may include live or recorded presentations and material using direct signal or cable, transmission by telephone line, fiber optic line, digital and/or analog video tape, audio-tape, CD-ROM, computer or internet technology, e-mail or other electronic means now known or hereafter developed.

21.2 The decision to develop schedule a distance learning course or courseware for an existing course to be taught as distance learning shall be made by the Dean of a College or his or her designee following consultation with the college’s technology committee and the Center for Teaching and Learning.

21.2.1 Any course so developed shall be subject to Department, College, and University procedures for review and approval of curriculum changes.

21.2.2 Any courseware so developed shall be subject to oversight by appropriate faculty committee(s) to ensure course quality and program relevance.

21.3 A dDistance learning course that is taught using materials developed by a Bargaining Unit Faculty Member shall be taught used only by that Member unless he or she has voluntarily allowed others to use the materials or has agreed in writing to an alternative arrangementdevelop a distance learning course or courseware as a work-for-hire pursuant to Appendix F.

21.4 Within the limits of available resources, the University will provide necessary support for the development and use of distance learning courseware approved by the University. Such support shall include needed training, consultation on instructional design, production of materials, and technical assistance.

21.5 Maximum and minimum class size for a distance learning course will be negotiated by the Bargaining Unit Faculty Member and the Department Chair.

21.6 Pursuant to Section 20.2.5, Members who develop distance learning courseware involving significant University resources will enter into a written agreement with the University regarding the rights and responsibilities of both parties.

21.7 5 All If the University offers compensation (whether monetary or as release time or some combination of the two), maximum and minimum class size, and support for for learning to use new technologies or for developing and/or teaching a distance learning course, it shall do so pursuant to Appendix F. shall be determined and agreed to in writing before the Member develops or teaches a course pursuant to Section 21.2. The University will promptly send a copy of each such written agreement to AAUP-WSU. The University is not obligated to provide additional compensation for Members who develop or teach courses that utilize distance learning technologies if they have not been requested to do so by their Dean pursuant to Section 21.2.

21.8 6 Office Hours. A Bargaining Unit Faculty Member teaching a distance learning course may hold some of the normally expected office hours (see Section 7.5) online. If all classes taught during a given semester are distance learning courses, the Member must still maintain sufficient on campus availability to meet the reasonable needs of the Member’s advisees.

21.9 7 Learning Environment. Consistent with the provisions of Section 7.6, a Bargaining Unit Faculty Member may block a disruptive student’s access to a distance learning course.

21.10 The University and the AAUP-WSU agree that the provisions regarding distance learning in Article 21 and compensation for distance learning in Appendix F need to be changed. The parties will make a good faith effort to make such changes by June 2012

Status of Negotiations about the Above Article

June 26, 2014

Our team submitted a counterproposal based on the administration offering of June 20. Our team summarized changes we had made. Notably, we pointed out the 25-student cap on enrollment in distance learning courses (21.2.1); clarification of the administration's right to assign a "multi-section" distance learning course to a BUFM who developed the course (see 21.5.3.4 and more generally 21.5.3 and all its subsections); new language on a Member’s corresponding right to teach the course (21.5.3.4.1); an obligation of the administration to hire full-time faculty, rather than adjuncts or teaching assistants, to teach in successful "multi-section" distance learning courses (21.5.3.5.1); a like obligation to migrate such a course from a rigid format into one that can offers instructors choices when they teach more like the choices available in ordinary courses (21.5.3.5.2); and protection against out-sourcing (21.9).

June 20, 2014

The administration put forth a major counterproposal. Briefly put, our team evaluated this counter as a good faith effort on the part of the administration to address our concerns, and we stated that the counter may well provided a framework for an eventual agreement.

May 30, 2014

Reacting to a counterproposal we had prepared on May 19, the administration asked what perils we wanted to guard against and what objectives we wanted to achieve in article 21. In response, we stated that we want to ...

The ensuing discussion was entertaining but did not seem to move the parties closer to a resolution of this article.

April 16, 2014

The administration replied to our March 10 proposal. You may view a pdf copy of it here. Our negotiating team stated that we have many major objections to what the administration proposed, particularly with regard to the intellectual property rights of Bargaining Unit Faculty.

March 10, 2014

Our team presented the proposal shown in the left column of the table above. We noted that payments to Bargaining Unit Faculty are called for only under four circumstances:

We also pointed out the protections afforded BUFMs by our proposal in section 21.7.6.

March 5, 2014

In submitting the proposal in the right column of the table above, the administration stated that it would bring article 21 in line with the Appendix F, Side Letter on Compensation for Distance Learning.


Return to the AAUP-WSU home page.

This page was last modified on Friday, June 27, 2014. Corrections, comments, and suggestions are most welcome. Contact the webmaster for this page (Jim Vance) at jimvance.wsu@gmail.com, telephone 937-775-2206. To contact the chapter, please see our Staff, Officers, and Committees page.