| 1. |
GENERAL
This document provides procedural guidelines for faculty and staff who are creating
technology-mediated materials. This procedure should be read in conjunction
with University Rule 17.02.02.C1, Technology-Mediated Materials and Instruction. |
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| 2. |
INITIATION OF INSTRUCTIONAL MATERIAL PROJECTS |
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2.1 |
Once development of the technology-mediated materials
has begun, the creator(s) should contact the head of his or her unit
to initiate official recognition of the effort and to determine the
existence, if any, of substantial support by Texas A&M University-Corpus
Christi. |
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2.2 |
The creator and the department head shall determine
if the technology-mediated material to be developed (or already developed)
involves substantial support from the University. (See University
Rule 17.02.02.C1 for a definition of substantial support.) If it
is determined that there is no substantial support, the creator and
the department head shall sign a memorandum stating such agreement.
The memorandum will be sent to the dean or other appropriate administrator
for initial approval. Following initial approval, a copy of the memorandum
will be forwarded to the Associate Vice President for Research and
Scholarly Activity for final approval. |
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2.3 |
If it is determined that there is substantial support
from the University, then it will be the responsibility of the creator(s)
to complete an instructional material development proposal. This
document will include the following information: |
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(1) |
Names of creators; |
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(2) |
Description of the technology-mediated materials
to be created; |
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(3) |
Purpose of the technology-mediated materials; anticipated
use of the product by the author or institution; |
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(4) |
Description of resources to be used in development
of material; |
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(5) |
Ownership rights, such as in works-for-hire; |
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(6) |
Allocation of income between the University and
the creator(s) derived from the work products; |
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(7) |
Handling of revisions to the original work; |
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(8) |
Consideration given to the creator of the courseware
if the institution assigns another faculty or staff member teaching
responsibilities using the courseware; and |
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(9) |
Terms specifying which parties have rights to prepare
derivative works. |
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| 3. |
PRODUCT ESTABLISHMENT |
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3.1 |
The creator(s) of technology-mediated materials should
first meet with his/her department head or dean, his/her director,
and
the Associate Vice President for Research and Scholarly Activity
to determine the category to which the materials will be assigned.
(The creator and department head or dean, etc., will hereafter be
referred to as “parties.”) The parties shall disclose and discuss
any existing and potential conflicts of interest and disagreements
and incorporate the resolution or means to resolution into a technology-mediated
materials agreement form. |
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3.2 |
If the creator(s) of the technology-mediated materials have
opportunities for commercial ventures with the materials, the creator(s)
will disclose these opportunities to their academic department and
college. Division of income earned will reflect whether substantial
use of University facilities and resources were used in developing
the materials. |
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3.3 |
The creator(s)’ department head is responsible
for contacting the University units providing the substantial support
so that those units may establish documentation of such support.
A memorandum of agreement stating expectations should accompany any
support provided by the University for the technology-mediated materials. |
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| 4. |
SUBSTANTIAL SUPPORT DETERMINATION |
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4.1 |
If it is determined that no substantial University
support exists, then Texas A&M University-Corpus Christi relinquishes
all rights of ownership and all rights to income from the technology-mediated
products developed. |
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4.2 |
If it is determined that substantial University
support exists, then the University and the creator(s) must establish
the level of ownership and income distribution from the use of this
product outside of the University. |
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| 5. |
APPEALS PROCESS |
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5.1 |
If the parties are unable to agree to the
terms of the project, they shall collectively notify in writing the
Provost and Vice President for Academic Affairs or designee of the
proposed project and issues of disagreement. The Provost will then
forward the issue to a three-person standing or ad hoc committee
whose charge will be to review the project proposal and make recommendations
for reasonable resolution to the parties. |
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5.2 |
Upon agreement with the committee’s recommendation,
the parties will modify the agreement and provide a copy of the modified
agreement
to the committee chair and to the Provost. |
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5.3 |
If the parties cannot agree with the committee’s recommendations
or a derivation thereof, any member of the party may appeal the committee’s
recommendations to the Provost. The Provost shall have the final
authority to approve the terms of the agreement if the proposed project
is to go forward. |
Contact for Interpretation: Provost and Vice President
for Academic Affairs