SACS Compliance Certification Report (PDF) - South Florida State ...

FS 1004.70, Community College Direct-Support OrganizationsRelationship Agreement3.2.14Governance and Administration: Intellectual property rightsThe institution’s policies are clear concerning ownership of materials, compensation, copyright issues,and the use of revenue derived from the creation and production of all intellectual property. Thesepolicies apply to students, faculty, and staff.JudgmentCompliant Non-Compliant Not ApplicableNarrativeSouth Florida Community College (SFCC) has several policies and procedures that address creative workproduced by faculty and employees. The policies and procedures address revenues generated from theworks and ownership of the works, based upon when and how the work was created. Procedures derivedfrom these policies explain how ownership is determined.Secondly, SFCC has several policies and procedures that address the use of copyrighted materials forinstructional purposes and for use in classroom assignments and activities.The college's presumptive attitude toward intellectual property stems from the value statementsassociated with the college mission. The first value listed after the mission statement is Integrity. Eachperson associated with the college is expected to carry out their duties with honesty and without misuseof property belonging to others.Intellectual Property and Faculty/EmployeesDistrict Board Of Trustees (DBOT) Policy 1.16 protects the rights of ownership of intellectualproperty. Intellectual property developed while the employee is discharging regularly assigned dutiesbelongs to the college. Intellectual property developed while the employee is under special contract isshared by the college and the faculty member as agreed in the contract. Intellectural propertydeveloped by the employee off campus without using any college facilities or support belongs entirely tothe employee.SFCC Administrative Procedure 1160 further defines ownership of intellectual property. Theprocedure identifies sole ownership by the employee and shared ownership with the college. Theprocedure describes the general content of an agreement to share ownership of the intellectual property.For example, when the employee or faculty person creates work on their personal time using theirpersonal resources, the ownership is totally that of the employee or faculty. However, any work createdusing college resources or time may be partially or wholly the property of the college.The relevant procedure and policy are described in the Faculty Handbook, Adjunct FacultyHandbook, and the Employee Handbook. The handbooks are widely available to the faculty and otheremployees of the college.Intellectual Property and CopyrightDBOT Policy 1.14 mandates that all employees shall follow the law when using copyrightedmaterial. The policy holds that all college employees use copyrighted materials in accordance with thelaw. The policy stipulates that "employees shall duplicate, perform, and use materials in accordance withSouth Florida Community College Page 76 / 202the law as described in college procedures."SFCC Administrative Procedure 1140 gives clear and specific instructions about complying with laws