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.
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:
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
126.96.36.199 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.
188.8.131.52 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.
184.108.40.206 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.
220.127.116.11 "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:
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.
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.
21.2 The decision to
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.
21.4 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.
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.
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.
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.
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