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Attendance: Approximately 45
Announced Agenda:
1. Approval of the minutes of September
2, 2004 (http://www.ruf.rice.edu/~facsec/facmin/04-09-02.html)
2. Unfinished Business - Athletics Admissions Data
3. New Business
a. Master of Bioengineering Degree
b. Copyright Policy
c. Elimination of Systems Theory Degree
4. Announcements
a. Timetable on Faculty Governance
b. United Way
5. Adjournment
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President David Leebron called to order and chaired the
General Faculty Meeting in McMurtry Auditorium of Duncan Hall at 4:00 PM. Alan
Chapman served as Parliamentarian. A representative of the Thresher was
acknowledged as being present.
1. Minutes of September 2, 2004 faculty meeting - On motion duly made
and seconded, the minutes of the September 2, 2004 faculty meeting were APPROVED
as circulated in advance on the web.
2. Unfinished Business - Athletics Admissions Data
After asking students to exit the meeting, President Leebron called on
Janet Braam, co-chair of the Committee on Admissions and Financial Aid,
to further report on athletics admission data. Braam presented additional
data on the Athletic Subcommittee votes for all applicants. A copy of this data
is attached to the hard copy of these minutes.
3. New Business
a. Master of Bioengineering Degree - Rebekah Drezek
gave a brief overview of the proposed new Master of Bioengineering degree. Details
of the degree program appear in Attachment A below. There being no discussion,
a vote was taken. The motion to create the new degree plan PASSED on first vote.
A required second vote will be taken at the next faculty meeting.
b. Copyright Policy - Speaker Lynne Huffer delivered brief introductory remarks regarding University Policy 303 explaining that last spring the Provost established an ad hoc committee to examine the issue of copyrights and create a workable policy on which people across the University would agree. The result of this work is proposed Policy 303, which was assented to by all the members of the committee, the Provost, and Vice Provost and approved by Faculty Council and University Council. See Attachment B for Rice University Policy 303, Copyright Policy, as proposed by Faculty Council.
The policy covers the groups of faculty, staff researchers, and students. Huffer limited her remarks to the portion regarding faculty. She explained that the proposed policy is consistent with the guidelines of the American Association of University Professors, and she believes it is very generous to faculty. The general principle covered by the policy is faculty own the work which they produce, with two exceptions to this principle being when: 1) there is a sponsored research agreement and 2) the University commissions the work for eventual ownership. Occasionally complex issues may arise not directly answered by this policy, and these issues would be resolved on a case-by-case basis. If a consistent pattern of ambiguity forms over time, the policy could be revised accordingly. Huffer urged adoption and reminded the faculty that, as with all policies, final adoption is subject to the approval of the President and the Board.
Linda Driskill raised a concern of ownership of basic general materials created for courses by instructors who have term appointments. She is concerned about program disruption if these instructors left the University with ownership of the general materials they have created. Joe Davidson, Associate General Counsel, stated this type of situation would fall under clause 1.b. of the proposed policy, and the departing faculty member would own the copyrights. If something different was desired, the burden to document this different circumstance would fall to the University. An initial agreement with the lecturer/instructor at time of employment would be necessary to document the ownership of material. The General Counsel's Office maintains an available Professional Services Agreement, a 4- or 5-page document, that can be used in this type of situation.
Moshi Vardi pointed out language in clauses 2 and 3, for staff researchers and students, as follows: "the University retains the non-transferable, perpetual, non-exclusive right to use such works on royalty-free basis solely for the University's education, teaching and research activities..". He proposed an amendment that this same clause be added to the policy to apply to faculty as well. Discussion covered areas of similar policies at peer institutions, copyright ownership when substantial University resources or services are used in production of materials, and copyright transferability. After discussion, a vote was taken, and the amendment to proposed Policy 303 was APPROVED.
A second amendment was proposed by Alex Lichtenstein to include the word "syllabi" in each of the three clauses where the words "literary works" appear. A discussion followed as to the meaning of the term, and Davidson explained it to be all writings not included in other categories with the exception of software. A vote was taken and the amendment to add the word "syllabi" was APPROVED.
Further discussion included the effect of the amended policy in regard to assigned copyrights in conjunction with journal publications, University use of these materials, and broadcast rights in the Shepherd School. A final vote was taken and the policy, as amended, was APPROVED.
c. Elimination of Systems Theory Degree - Bob Patten reported that Rice has had a doctoral and master's program in systems theory for many years; however, these degrees have not been conferred for many years. The Graduate Council made a recommendation that these degrees be terminated. This recommendation has been approved by the Provost, the Vice Provost in Graduate Studies and Research, and Faculty Council. Patten recommended the faculty also vote to eliminate these degrees. There being no discussion, a vote was taken and the motion was APPROVED.
4. Announcements
a. Timetable on Faculty Governance - The Task Force on
Faculty and Shared Governance recently completed its work, and Huffer
briefly summarized their findings. She stated the two basic reforms: 1) separating
Promotion and Tenure from other branches of faculty governance and 2) replacing
Faculty Council by a Faculty Senate. Time will be allowed on the agenda of the
faculty meeting of January 26 to discuss the proposals. She urged faculty to
access the Faculty Council web site and review the data posted by the Task Force.
Two additional general faculty meetings will be added in Spring 2005 to discuss
and vote on the recommendations.
b. United Way - President Leebron encouraged
everyone to show support and give to the United Way.
5. Adjournment
The meeting adjourned at 4:46.
Respectively submitted,
Janis Cain
Secretary to the Faculty
Attachment A
Bioengineering Department
Master of Bioengineering Curriculum
The Master of Bioengineering degree is intended for those having a BA or BS
degree in an engineering or science discipline.
To obtain a Master of Bioengineering degree, the following requirements must
be completed.
1 - Curriculum has to be approved by the Academic Affairs Committee of the Bioengineering
department. (This will be done on a case-by-case basis.)
2 - Total of 30 credit hours is required (courses must be above and beyond the
requirement for the undergraduate degree) as follows:
Attachment B
Rice University Policy 303
COPYRIGHT POLICY
Copyright law encourages the creative efforts of authors, artists
and others by providing for exclusive rights to reproduce and distribute copies
of the work, to display or perform publicly the work, and to create derivative
works. Generally under copyright law, employers own the copyrights to works
produced by employees in the course and scope of their employment, unless the
employer has a policy that provides otherwise. It is the intent of the University
under this policy to foster the traditional freedoms of faculty members, staff
researchers, and graduate and undergraduate students in matters of publication
and dissemination of scholarly, educational and creative works, and to facilitate
the academic interests of the University in the continuity of research and educational
programs. To do so, this policy provides that faculty members, staff researchers,
and graduate and undergraduate students own the copyrights to works they produce
during their academic careers at the University, subject to limited contractual
exceptions and, in certain circumstances, limited use rights. It is the further
intent of the University under this policy to clarify that for those employees
other than faculty members and staff researchers, the University owns the copyrights
to works produced in the course and scope of their employment at the University.
This policy covers all copyrightable works other than computer software, which
is addressed under Rice Policy 333 “Patent and Software Policies.”
1. A faculty member (an academic appointment in the professorial ranks, research
ranks, or non-professorial ranks under Policy 201 “Faculty Appointments,
Promotions, and Tenure,” or other policies referenced therein) owns the
copyrights to scholarly works, literary works, art works, architectural works,
musical works and textbooks that such faculty member produces regardless of
the form of expression, except as follows:
a. If a faculty member’s work is subject to a contractual obligation of
the University, such as a sponsored research agreement, then the ownership of
the copyrights with respect to such work shall be governed by the terms of the
contractual obligation of the University.
b. If a faculty member has agreed with the University to produce a specific
work for the University, then the ownership of the copyrights with respect to
such work shall be governed by the terms of the agreement with the University.
2. A staff researcher (a postdoctoral appointment, visiting scholar appointment,
or research scientist under Policy 438 “Research Positions,” other
than a research technician as referenced therein) owns the copyrights to scholarly
works, literary works, art works, architectural works, musical works and textbooks
that the staff researcher produces in the course and scope of such staff researcher’s
employment with the University, and the University retains the non-transferable,
perpetual, non-exclusive right to use such works on royalty-free basis solely
for the University’s education, teaching and research activities, except
as follows:
a. If a staff researcher’s work is subject to a contractual obligation
of the University, such as a sponsored research agreement, then the ownership
of the copyrights with respect to such work shall be governed by the terms of
the contractual obligation of the University.
b. If a staff researcher has agreed with the University to produce a specific
work for the University, then the ownership of the copyrights with respect to
such work shall be governed by the terms of the agreement with the University.
3. A graduate or undergraduate student owns the copyrights to dissertations,
theses, papers, literary works, art works, architectural works and musical works
that the graduate or undergraduate student produces during the course of such
graduate or undergraduate student’s education, and the University retains
the non-transferable, perpetual, non-exclusive right to use such works on a
royalty-free basis solely for the University’s education, teaching and
research activities, except as follows:
a. If a graduate or undergraduate student’s work is subject to a contractual
obligation of the University, such as a sponsored research agreement, then the
ownership of the copyrights shall be governed by the terms of the contractual
obligation of the University.
b. If a graduate or undergraduate student has agreed with the University to
produce a specific work for the University, then the ownership of the copyrights
shall be governed by the terms of the agreement with the University.
c. If a graduate or undergraduate student’s work is produced in the course
and scope of such graduate or undergraduate student’s employment at the
University, then the ownership of the copyrights with respect to such work vests
in the University.
4. The University owns the copyrights to all works produced by University employees
(other than faculty members and staff researchers as described in Sections 1
and 2 above) in the course and scope of their employment at the University.
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David W. Leebron, President
Policy No. 303
Issued:
_________________, 2004