TECMS & You: Frequently Asked Questions
Linda Musun, AVCAA/Technology & Instructional Support

The UA System Board Policy 210.2 defines "distance learning" as "...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." They then define "tech-enhanced course material" (TECM) as "...materials utilizing electronic transmissions to accomplish such an activity."

In the Preamble to Policy 210.2, the UA Board states that: "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." They go on to state that "...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." The other Board policy concerning copyrights and patents was seen as not appropriate for TECMs.

Policy 210.2 creates four categories for TECMs that we will be using here at UALR. Category One applies to TECMs created by faculty with nothing more than the usual academic support and resources available to faculty for non-distance learning classes. In Category One, all intellectual property rights remain with the faculty member. On the other hand, if the faculty member receives assistance and support not usually available, then one of the other three categories would apply. In those cases, the faculty member retains the copyright but may share it with the university. The faculty member and the university would also share any revenues that came from commercialization of those materials. The Policy Summary outlines each of the four categories and provides examples of the types of support that might lead to a non-Category One designation.

This policy only applies if you are developing TECMs as part of an online course and you are receiving support above and beyond the usual academic resources available to all other faculty. In addition, you should keep in mind that policies regarding conflict of interest, commitment, and outside or concurrent employment by university employees continue to apply.

The Review Procedures and Worksheet Documents outline how this would work. The process would start when the faculty member was negotiating with some university unit to provide special support to assist him or her in developing TECMs for a distance learning course. The unit could be Off-Campus Credit Programs, a department, a Dean's office, a campus grant program, or any other unit that might have special resources that could be allocated for the faculty member's individual use. The worksheet outlines the type of information that might be needed to make a determination of which category applies in a particular case. It behooves the unit potentially supplying those resources to open the negotiation of which TECM Category should apply. If they do not, then the assumption is that Category One applies-with all rights residing with the faculty member. If there is a disagreement about which category should apply, there are mechanisms for resolving the dispute outlined in the review procedures. A signed agreement form would be part of the final support package agreement.

Agreements have to be signed prior to development of the TECMs and the provision of support. Everyone should know ahead of time just what is expected of him or her. The agreement form has a place for signatures by the author, the funding source, and also the Chair and Dean-another way to be sure that everything is clear on the front end. Finally, all agreements will go through a review committee to make sure that the policy is being applied fairly. That review committee will be the Academic Technology and Computing Committee-a body of the Faculty Senate.

Any questions can be directed to Linda Musun, AVCAA/Technology & Instructional Support, in the Provost's Office or to the current Chair of the Faculty Senate Academic Computer and Technology Committee. Please keep in mind that this is a new policy and there will no doubt be "bugs" that need to be worked out as it is applied. Your suggestions and comments are welcome.

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Updated July 15, 2002