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Page 2 of 3 Please be advised, the agenda has been updated to include the discussion on subsRtutes for Leadership Council. LEADERSHIP COUNCIL MEETING Friday, December 9, 2016 at 12:00 PM President’s Conference Room Ingram Administration Building AGENDA 1. Approval of Minutes : · November 4, 2016 2. Discussion on College’s Decision on Pay Raises to Comply with President Obama’s Overtime Rules that have been put on hold by a judge- Dr. Kinkel 3. 3. Discussion on Substitutes for Leadership Council- John Hart 4. Review of 1 st draft of Digital-First Document—Vice President Edmonds 5. Review of the use of adjunct faculty in fall, 2016—Vice President Edmonds 6. Discussion about the Advanced Robotics Training Center—Vice President Edmonds 7. Policies : · Policy 2:06:00:00- Honorary Degrees – Minor changes/new template · Policy 2:10:00:00- Examination and Grading– Minor changes/new template · Policy 2:10:02:00- Course Development and/or Curriculum Change Minor changes/new template · Policy 2:10:04:00- Copyright Policy – Many changes/new template

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Page 1: subsRtutes for Leadership Council.€¦ · Other markings, which may appear on the grade report and/or transcripts, are asfollows: Marking Meaning CE Credit by Exam I Incomplete IP

Page2of3

Pleasebeadvised,theagendahasbeenupdatedtoincludethediscussiononsubsRtutesforLeadershipCouncil.

LEADERSHIP COUNCIL MEETING Friday, December 9, 2016 at 12:00 PM President’s Conference Room Ingram Administration Building

AGENDA

1. Approval of Minutes:· November 4, 2016

2. Discussion on College’s Decision on Pay Raises to Comply with President

Obama’s Overtime Rules that have been put on hold by a judge- Dr. Kinkel

3.3. Discussion on Substitutes for Leadership Council- John Hart

4. Review of 1st draft of Digital-First Document—Vice President Edmonds

5. Review of the use of adjunct faculty in fall, 2016—Vice President Edmonds

6. Discussion about the Advanced Robotics Training Center—Vice PresidentEdmonds

7. Policies:· Policy 2:06:00:00- Honorary Degrees – Minor changes/new template· Policy 2:10:00:00- Examination and Grading– Minor changes/new

template· Policy 2:10:02:00- Course Development and/or Curriculum Change –

Minor changes/new template· Policy 2:10:04:00- Copyright Policy – Many changes/new template

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· Policy 2:10:05:00- Inclement Weather Policy– Minor changes/newtemplate

· Policy 5:10:00:01 CURRICULUM CHAIR RELEASE TIME ORPAYMENT OPTION

· Policy 5:10:00:02 ADMINISTRATOR & SUPPORT STAFF TEACHINGCRITERIA, LOAD & PAY

· Policy 6:10:00:30 DISTANCE EDUCATION COMMITTEE· Policy 6:10:00:33 INTERNATIONAL EDUCATION COMMITTEE· Policy 3:00:00:04- AIDS and Other Communicable Diseases– Minor

changes/new template· Policy 4:10:09:00- Membership Dues and Subscriptions – Many

changes/new template· Policy 4:10:10:00- Publicity and Community Relations – Minor

changes/new template/Responsible party changed to VP-Advancement &Marketing

· Policy 6:10:00:11- Intellectual Property Advisory Committee – Minorchanges/new template

8. Ed Financial Proposal for Financial Aid- Dr. Cheryl Hyland

9. LaVergne Dual Enrollment Proposal- Melody Edmonds

10. Update on Smyrna Building- Dr. Kinkel

11. Academic Calendars- Melody Edmonds

12. Future dates of President’s Council: January 6, 2017

February 3, 2017 March 3, 2017 April 7, 2017 May 5, 2017 June 2, 2017 July 7, 2017

Dr. Anthony G. (Tony) KinkelPresident

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POLICY

Category

HONORARY DEGREES - 2:06:00:00 Approval

Corresponding Policy: TBR Policy 2:06:00:00 Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: February 20, 2007; December 9, 2016 Responsible Party: Vice President for Academic Affairs

I. HONORARY DEGREES

Purpose of Award

Honorary degrees awarded at Motlow State Community College This Motlow State Community College policy provides a means to recognize and honor extraordinary individuals whose extraordinary achievements have set a standard that distinguishes them and benefits the institution and the communities it serves as well as society. The purpose for awarding honorary degrees is threefold:

A. To honor persons whose careers reflect sustained and superlative achievement in the arts and professions, research, scholarship, public service, leadership, volunteerism, and/or cultural affairs, as well as new frontiers of human endeavor.

B. To advance the educational missions, goals and programs of Motlow State Community College by developing associations with persons who embody the same ideals, values, and aspirations.

C. To inspire students, faculty, staff, administrators, alumni, and members of the local, national, and world communities to emulate such standards of excellence, integrity, and commitment to enhance the public good.

II. SELECTION CRITERIA

A. The honorary degree is special distinctive and is will be awarded only in exceptional circumstances. B. A maximum of two honorary degrees may be awarded each year. C. An individual may receive only one honorary degree from Motlow State Community College. D. Current faculty, staff, and regents are not eligible. E. Faculty, staff, and regents who have been separated from the Tennessee Board of Regents at least five

years are eligible. F. Current elected and/or appointed public officials are not eligible. G. Current candidates and/or nominees for public elective and/or appointed offices are not eligible. H. Current or prospective benefactors of the College are not eligible unless they meet criteria outlined in

Section 1.A of this policy.

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Motlow State Community College Honorary Degrees Policy – 2:06:00:00

Page 2 of 2

III. LEVEL OF DEGREE AWARDED

The Honorary Degrees will be awarded at the Associate Degree level.

IV. Guidelines SELECTION COMMITTEE

A. The selection committee for the award will be composed of the following: 1. Two faculty members 2. One administrative member 3. One staff member appointed by the President. 4. Nominations will be solicited from all sources and deliberations will be confidential. 5. The committee should use intense scrutiny of a nominee to insure continued integrity of the

award process. The recipient must attend graduation to be awarded the honorary degree. The President must approve any nominee for the honorary degree.

V. PRESIDENTIAL AUTHORITY AND NOTIFICATION

A. The authority to award honorary degrees resides with the President

B. The President must approve any nominee for the honorary degree.

Notification The President will notify the Chancellor of the Tennessee Board of Regents of the selected recipient(s) of the honorary degree for review. Upon approval by the Chancellor, the President will notify the recipient(s).

C. The President will notify the Chancellor of the Tennessee Board of Regents with the selected recipient(s) of the honorary degree for review.

D. Upon approval by the Chancellor, the President will notify the recipient(s).

This policy is promulgated pursuant to, and in compliance with, TBR Policy 2:06:00:00 Honorary Degree Policy. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control.

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POLICY

Category

EXAMINATION & GRADING – 2:10:00:00 Approval

Corresponding Policies: TBR Policy 2:03:01:01 Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: January 12, 2009; December 9, 2016 Responsible Party: Vice President for Academic Affairs

I. EXAMINATIONS

A. Faculty members are responsible for giving and evaluating examinations.

B. It is the student's responsibility to seek out the instructor and do what is necessary to effect a change of grade.

C. Security of test materials is the responsibility of each faculty member.

D. All students shall be evaluated in the courses they are taking. It is anticipated that students will be given frequent evaluations in the courses that they are taking. As a minimum, there should be a formal mid-term examination and a formal final examination for each course.

E. Final examinations should shall be given only at the time designated on the printed examination schedule, unless approved by the appropriate Dean.

F. Make-up examinations may be given for absences due to official college trips, such as athletic events or provable emergencies such as illness (doctor's statement), death in the family, court duty, or military service.

G. Final examinations are to be kept on file for a minimum of one semester. II. GRADING

A. The following grading system is used at Motlow State Community College:

Grade Quality Points Awarded Per Semester Hour

A Outstanding 4B AboveAverage 3C Average 2D Passing,butbelowaverage 1F Failing 0FA FailedAbsence 0

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Motlow State Community College Examination & Grading Policy 2:10:00:00 Page 2 of 3 NOTE: In Developmental Studies Learning Support courses, only grades of "C" and above are acceptable for successful completion.

B. Other markings, which may appear on the grade report and/or transcripts, are as follows: Marking Meaning

CE Credit by Exam

I Incomplete IP In Progress* P Passed S Satisfactory W Withdrew AU No Credit

*This grade applies only to DSP courses.

1. The “CE” is used when a student receives credit for a course by challenge examination. The "CE" is not used in computing the grade point average.

2. The "I" indicates that the student has not completed all course requirements because of illness or other circumstances beyond his/her control, especially those which may occur toward the close of the term.

3. Failure to make up work or to turn in required work on time does not provide a basis for the "I" unless extenuating circumstances noted above exist. The "I" is not included in computing the grade point average in the semester for which it is assigned. An incomplete may be removed during the succeeding semester, excluding summer or the “I” may be extended by the faculty member. If the “I” is not removed or extended, a grade of “F” is automatically entered.

4. An “I” in nursing (NET) (NURS) courses must be removed by the end of the second week of the semester following the term in which the “I” was received, including summer term. An In Progress (IP) grade may be assigned to a student’s grade report when a student 1) has not previously been assigned an “IP” grade in the course for which the “IP” grade is being considered, 2) has not withdrawn (W) from the college or course for which the “IP” grade is being considered, 3) has not previously failed the course for which the “IP” is being considered, 4) has put forth his or her best effort to pass the course, 5) has a strong likelihood of passing the course during the next attempt, 6) has regular attendance or participation in the course throughout the term. Students who receive an “IP” must repeat the course in the following semester or the “IP” reverts to an “F”. Students who receive an “IP” in the spring semester will observe the schedule for the following fall semester.

5. The "AU" is used when a student requests audit status for a course and receives no credit and no grade.

6. The grades “P” and “F” are used for courses with the Pass/Fail grading option. a. The “P” is not used in computing the grade point average. When a “P” is assigned, the hours

earned are increased, but total hours attempted and quality points earned are not affected. b. The “F”: is used in computing the grade point average by including the number of hours of the

course in the hours attempted total and including zero grade points in the grade points earned. 7. The "S" is used only for reporting a general interest community service course and indicates

successful completion of that course and receipt of continuing education units (CEUs). 8. The "W" is used when a student drops a class or withdraws from the college after the last day to be

deleted from the roll and no later than ten weeks into the semester. The "W" is not used in computing the grade point average. The “W” has no effect on quality hours attempted (even though a “W” does constitute a course attempt in Basic/Developmental Studies classes), hours earned, or quality points earned.

III. SUBMITTING GRADES

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Motlow State Community College Examination & Grading Policy 2:10:00:00 Page 3 of 3

A. Students should be provided with grades in a timely fashion throughout the course. Students who are not performing adequately should consult with their instructors.

B. Quarter term grades are recorded by each faculty member by the end of the fifth (5th) week of the start of the semester.

C. For courses not meeting on the traditional schedule (i.e. ACE, late start, weekend warrior, etc.) quarter term grades are recorded by each faculty member before 1/3 of the class is completed.

D. Final grades are recorded online by each faculty member through use of the Faculty Web MyMotlow.

E. Once a grade has been submitted to the Office of Admissions and Records, it may not be changed without the approval of the appropriate Department Head Dean.

IV. CHANGING FINAL GRADES

A. A faculty member may change a student's grades with approval of the appropriate Dean Department Head.

B. No gGrade changes should shall be made unless only in the event that there is an error in computation or an "I" is being removed and a new grade assigned as determined by the appropriate Dean.

C. Grade changes are made online through MyMotlow. forms are available in the Department Heads’ offices and in the Office of Admissions and Records. These forms require a written statement giving reason for the grade change and the date of the change. After the Department Head's signature has been affixed, the grade change forms are taken to the Office of Admissions and Records where the change is recorded and the forms are kept on file.

D. An incomplete may be removed during the succeeding semester, excluding summer or the “I” may be extended by the faculty member.

E. If the “I” is not removed or extended, a grade of "F" is automatically entered.

F. It is the student's responsibility to seek out the instructor and do what is necessary to effect a change of grade.

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POLICY

Category

COURSE DEVELOPMENT AND/OR CURRICULUM CHANGE – 2:10:02:00

Approval Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: January 12, 2009; December 9, 2016 Responsible Parties: Curriculum Chairs, Vice President for Academic Affairs

SUBJECT:COURSEDEVELOPMENTAND/ORCURRICULUMCHANGEThe Academic Affairs Committee welcomes new course proposals and other recommendations for curriculum change for committee action. To expedite committee business, the following guidelines should be followed in placing an item on the meeting agenda. I. SUBMITTING NEW COURSE PROPOSALS

A. Obtain a "Course Proposal Form" from an academic department office and provide the following information: 1. Course number 2. Complete course title 3. Complete catalog description with necessary prerequisites 4. Credit hours 5. General objectives 6. Specific objectives 7. Need for the course and its place in the curriculum 8. Transferability 9. Textbook choice, if known

B. Obtain Department Head’s Curriculum Chair approval. C. Obtain the approval from the Assistant Vice President for Academic Affairs Vice President of Academic

Affairs. C. Academic Affairs Committee Meetings are scheduled periodically throughout the year. Provide a copy of

the above for each member of the Committee to the Committee Chair as far in advance of the meeting date as possible.

II. RECOMMENDATIONS FOR CIRRICULUM CHANGE A. Obtain a copy of the "Recommendation for Catalog Revision." B. Prepare in writing as much background information as possible to explain the desired curriculum change

for the Committee to review. C. Obtain Department Head’s Curriculum Chair approval. D. Obtain the approval of the Assistant Vice President for Academic Affairs Vice President of Academic

Affairs.

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Motlow State Community College Honorary Degrees Policy – 2:10:02:00

Page 2 of 2

D. Provide a copy of the above for each member of the Committee to the Committee Chair as far in advance of the meeting date as possible. The Curriculum Chair will submit the form to the Academic Affairs office to be placed on the agenda.

E. All new courses and changes to the curriculum must be approved by the Vice President for Academic Affairs. President of the College.

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POLICY

Category

COPYRIGHTS – 2:10:04:00 Approval

Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: January 12, 2009; December 9, 2016 Responsible Party: Vice President for Academic Affairs

I. PURPOSE

A. Motlow State Community College faculty, staff and students abide by copyright law as stated in the

United States Code and as set forth in Tennessee Board of Regents’ policies and the laws of the State of Tennessee.

B. Additionally, the College supports fair use as outlined by the Kastenmeier Guidelines (1984), TEACH Act Guidelines as published by North Carolina State University Libraries (2002), National Commission on New Technological Uses of Copyright Works (CONTU, 1978), and the guidelines on fair use published by The Conference on Fair Use (CONFU, 1998).

II. GENERAL

A. Software available on computers and networks is not to be copied except as permitted by the applicable software license. The College adheres to the EDUCOM Code of Software and Intellectual Rights:

“Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principal applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgement, right to privacy, and right to determine the form, manner, and terms of publication and distribution. Because electronic information is volatile and easily reproduces, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.”

Quoted from: Using Software: A Guide to the Ethical and Legal Use of Software for Members of the Academic Community, EDUCOM (January 1992), p. 3. Sources: 17 USCS 107 (2005), 17 USCS 108 (2005), 17 USCS 110 (2005), 37 CFR 201.14

B. CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements http://digital-law-

onlin.info/CONTU/contu24.html 5 Dec. 2005 CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements

The CONTU guidelines were developed to assist librarians and copyright proprietors in understanding the amount of photocopying for use in interlibrary loan arrangements permitted under the copyright law. In the spring of 1976 there was realistic expectation that a new copyright

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Motlow State Community College

Copyrights Policy 2:10:04:00

Page 2 of 5

law, under consideration for nearly twenty years, would be enacted during that session of

Congress. It had become apparent that the House subcommittee was giving serious consideration

to modifying the language concerning "systematic reproduction" by libraries in Section 108(g)(2) of

the Senate-passed bill to permit photocopying under interlibrary arrangements, unless such

arrangements resulted in the borrowing libraries obtaining "such aggregate quantities as to

substitute for a subscription to or purchase of" copyrighted works.

The Commission discussed this proposed amendment to the Senate bill at its meeting on April 2,

1976. Pursuant to a request made at that meeting by the Register of Copyrights, serving in her ex

officio role, the Commission agreed that it might aid the House and Senate subcommittees by

offering its good offices in bringing the principal parties together to see whether agreement could

be reached on a definition of "such aggregate quantities." This offer was accepted by the House

and Senate subcommittees and the interested parties, and much of the summer of 1976 was

spent by the Commission in working with the parties to secure agreement on "guidelines"

interpreting what was to become the proviso in Section 108(g)(2) relating to "systematic

reproduction" by libraries. The pertinent parts of that section, with the proviso added by the House

emphasized, follow:

(g) The rights of reproduction and distribution under this section extend to the isolated and

unrelated reproduction or distribution of a single copy or phonorecord of the same material on

separate occasions, but do not extend to cases where the library or archives, or its employee...

(2) engages in the systematic reproduction or distribution of single or multiple copies or

phonorecords of material described in subsection (d): Provided, That nothing in this clause

prevents a library or archives from participating in interlibrary arrangements that do not have, as

their purpose of effect, that the library or archives receiving such copies or phonorecords for

distribution does so in such aggregate quantities as to substitute for a subscription to or purchase

of such work.

Before enactment of the new copyright law, the principal library, publisher, and author

organizations agreed to the following detailed guidelines defining what "aggregate quantities"

would constitute the "systematic reproduction" that would exceed the statutory limitations on a

library's photocopying activities.

C. Photocopying-Interlibrary Arrangements

Introduction- Subsection 108(g)(2) of the bill deals, among other things, with limits on interlibrary

arrangements for photocopying. It prohibits systematic photocopying of copyrighted materials but

permits interlibrary arrangements "that do not have, as their purpose or effect, that the library or

archives receiving such copies or phonorecords for distribution does so in such aggregate

quantities as to substitute for a subscription to or purchase of such work."

The National Commission on New Technological Uses of Copyrighted Works offered its good

offices to the House and Senate subcommittees in bringing the interested parties together to see if

agreement could be reached on what a realistic definition would be of "such aggregate quantities."

The Commission consulted with the parties and suggested the interpretation which follows, on

which there has been substantial agreement by the principal library, publisher, and author

organizations. The Commission considers the guidelines which follow to be a workable and fair

interpretation of the intent of the proviso portion of subsection 108(g)(2).

These guidelines are intended to provide guidance in the application of section 108 to the most

frequently encountered interlibrary case: a library's obtaining from another library, in lieu of

interlibrary loan, copies of articles from relatively recent issues of periodicals--those published

within five years prior to the date of the request. The guidelines do not specify what aggregate

quantity of copies of an article or articles published in a periodical, the issue date of which is more

than five years prior to the date when the request for the copy thereof is made, constitutes a

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Motlow State Community College Copyrights Policy 2:10:04:00 Page 3 of 5

substitute for a subscription to such periodical. The meaning of the proviso to subsection 108(g)(2) in such case is left to future interpretation.

The point has been made that the present practice on interlibrary loans and use of photocopies in lieu of loans may be supplemented or even largely replaced by a system in which one or more agencies or institutions, public or private, exist for the specific purpose of providing a central source for photocopies. Of course, these guidelines would not apply to such a situation.

D. Guidelines for the Proviso of Subsection 108(g)(2)

1. As used in the proviso of subsection 108(g)(2), the words "... such aggregate quantities as to substitute for a subscription to or purchase of such work" shall mean: (a) with respect to any given periodical (as opposed to any given issue of a periodical), filled requests of a library or archives (a "requesting entity") within any calendar year for a total of six or more copies of an article or articles published in such periodical within five years prior to the date of the request. These guidelines specifically shall not apply, directly or indirectly, to any request of a requesting entity for a copy or copies of an article or articles published in any issue of a periodical, the publication date of which is more than five years prior to the date when the request is made. These guidelines do not define the meaning, with respect to such a request, of "...such aggregate quantities as to substitute for a subscription to [such periodical]." (b) With respect to any other material described in subsection 108(d), including fiction and poetry), filled requests of a requesting entity within any calendar year for a total of six or more copies or phonorecords of or from any given work (including a collective work) during the entire period when such material shall be protected by copyright.

2. In the event that a requesting entity: (a) shall have in force or shall have entered an order for a subscription to a periodical, or (b) has within its collection, or shall have entered an order for, a copy of phonorecord of any other copyrighted work, materials from either category of which it desires to obtain by copy from another library or archives (the "supplying entity"), because the material to be copied is not reasonably available for use by the requesting entity itself, then the fulfillment of such request shall be treated as though the requesting entity made such copy from its own collection. A library or archives may request a copy or phonorecord from a supplying entity only under those circumstances where the requesting entity would have been able, under the other provisos of section 108, to supply such copy from materials in its own collection.

3. No request for a copy or phonorecord of any materials to which these guidelines apply may be fulfilled by the supplying entity unless such request is accompanied by a representation by the requesting entity that the request was made in conformity with these guidelines.

4. The requesting entity shall maintain records of all requests made by it for copies or phonorecords of any materials to which these guidelines apply and shall maintain records of the fulfillment of such requests, which records shall be retained until the end of the third complete calendar year after the end of the calendar year in which the respective request shall have been made.

5. As part of the review provided for in subsection 108(i), these guidelines shall be reviewed not later than five years from the effective date of this bill.

These guidelines were accepted by the Conference Committee and were incorporated into its report on the new act. During the ensuing twenty months, both library and publisher organizations have reported considerable progress toward adapting their practices to conform with the CONTU guidelines.

The guidelines specifically leave the status of periodical articles more than five years old to future determination. Moreover, institutions set up for the specific purpose of supplying photocopies of copyrighted material are excluded from coverage of the guidelines.

http://old.cni.org/docs/infopols/CONTU.html

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Motlow State Community College Copyrights Policy 2:10:04:00 Page 4 of 5

Teach Act Toolkit: NCSU Libraries http://www.provost.ncsu.edu/copyright/toolkit/

Guidelines for Off-Air taping for Educational Purposes (Kastenmeier Guidelines) http://www.lib.berkeley.edu/MRC/Kastenmeier.htms 25 Oct. 2005

E. The TEACH Act: Section 110(2) of the Copyright Act

The Technology, Education and Copyright Harmonization Act (aka TEACH Act) was enacted eight years (2002) ago as an amendment to Section 110(2) of the Copyright Act. It is, in fact, simply the current version of Section 110(2) and is not a separate law. Referencing the TEACH Act, after so many years, as the TEACH Act, has actually become misleading at this point. It is more accurate, when considering whether or not to transmit performances and displays of copyrighted materials - such as those used in online courses - to assess the options as follows: (1) Is permission required from the copyright holder? (2) Does the proposed use constitute a fair use as outlined in Section 107 of the Copyright Act? Or (3) Does the proposed use fit within the transmission performance and display exception (Section

110(2)) of the Copyright Act?

Of course, if you are the copyright holder of the work or the work is in the public domain, you may use the work freely.

http://www.provost.ncsu.edu/copyright/toolkit/

1. The Guidelines were developed to apply only to off-air recording by non-profit educational institutions.

2. A broadcast program (including cable programs) may be recorded off-air and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after the date of recording.

3. Off-air recording may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary in classrooms and similar places devoted to instruction within a single building, cluster, or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive schools days in the forty-five (45) day calendar day retention period. "School days" are school session days--not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions--within the forty-five (45) calendar day retention period.

4. Off-air recordings may be made only at the request of and used by individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each additional copy shall be subject to all provisions governing the original recording.

6. After the first ten (10) consecutive schools days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes. i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

7. Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

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Motlow State Community College Copyrights Policy 2:10:04:00 Page 5 of 5

8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Congressional Record, October 14, 1984

http://www.lib.berkeley.edu/MRC/Kastenmeier.html

Copies of this policy, along with all backup materials, will be placed in all vice presidents’ offices,

department heads Deans’ offices, at each off-campus center or site, and in the library.

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POLICY

Category INCLEMENT WEATHER – 2:10:05:00

Approval Leadership Council Approved: December 9, 2016

Effective Date/Approved: December 9, 2016

Revised: December 12, 2005; February 20, 2007; December 9, 2016

Responsible Party: Vice President for Finance & Administration

I. PURPOSE

During inclement weather conditions when classes are cancelled or opening late, students, faculty and staff should use their discretion when snow and icing conditions prohibit safe travel. Because weather conditions may vary in the college’s 11-county service area, students will not be penalized for being unable to attend classes provided make-up work is completed. Students are asked to limit their phone calls to the campus for the purpose of obtaining information about inclement weather conditions. College officials recommend that students listen to radio and television stations in their immediate communities or consult the Motlow website for information regarding cancellation or delay of classes.

II. CAMPUS DELAY OR CLOSING PROCES

The Vice President for Finance and Administration will monitor the weather conditions. If conditions appear to warrant the recommendation for delaying or closing all Motlow campuses, then the Vice President will call the President who will make the decision whether to delay or close. If the President makes the decision to delay or close, then the Vice President for Finance and Administration will call the Vice President for Advancement and Marketing to notify the appropriate media, post on the College’s website, and to send the Motlow Alert to faculty, staff, and students.

III. RADIO & TELEVISION NOTIFICATIONS

Information concerning day classes will be provided to radio stations in the service area as well as WSM Radio AM 650, Nashville and WAHR, WJAB, and WZYP, Huntsville stations. Television stations broadcasting Motlow’s inclement weather reports will be Nashville’s WSMV –TV (Channel 4), WTVF-TV (Channel 5), and WKRN-TV (Channel 2), Huntsville television stations broadcasting for Motlow College are WAAY-TV (Channel 31), WHNT-TV (Channel 19) and WAFF-TV (Channel 48). The Chattanooga viewing market will be covered by WDEF-TV (Channel 12) and WRCB (Channel 3). Information regarding class cancellation or delay is also listed on the Motlow web page, www.mscc.edu.

In the event conditions warrant canceling both day and evening classes, the announcement will indicate that both day and evening classes are cancelled. However, if a determination regarding evening classes cannot be made in the morning, an evening class announcement will be provided for broadcast to the same media between 4-4:30 p.m. and posted on the website.

The information reported will state whether all classes or only early morning classes are cancelled.

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Motlow State Community College Inclement Weather Policy 2:10:05:00 Page 2 of 2

In the event that early morning classes are canceled, subsequent classes will run on the run on the regular schedule.

1. MONDAY, WEDNESDAY, FRIDAY CLASSES: Example if the 8:00 a.m. classes are cancelled, classes begin with the regularly scheduled 9:00 a.m. classes.

1. MONDAY, TUESDAY, WEDNESDAY, THURSDAY CLASSES: 8:00 a.m. classes will not meet. Classes will meet beginning at 9:25 a.m. -- the second scheduled class, followed by subsequent classes as originally scheduled throughout the day.

2. TUESDAY, THURSDAY CLASSES: Example if the 8:00 a.m. classes are cancelled, classes begin with

the regularly scheduled 9:25 a.m. classes.

2. WEEKEND CLASSES (Friday, Saturday, and Sunday): The first scheduled class will not meet. Classes will meet beginning with the second scheduled class session and continue throughout the day. Please consult your local media or the Motlow website for the start time of classes. Local conditions may affect opening at community-based teaching sites. Again, students should listen to local area radio stations or consult the Motlow website for information concerning these locations. TV monitors on the main campus will carry weather updates and class schedules.

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POLICY

Category CURRICULUM CHAIR RELEASE TIME OR PAYMENT OPTION - 5:10:00:01

Approval Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: N/A Responsible Party: Vice President for Academic Affairs

I. BACKGROUND

Curriculum Chairs are selected after careful review of their academic and leadership abilities both in and out of the classroom. Curriculum Chairs have the responsibility for reviewing the programs of study, curricular changes, substitutions and waivers and advising the Deans of departmental matters. II. GUIDELINES

A. To attract and retain the best possible faculty to this position, Motlow State Community College will use provides the following proposes the following options: 1. Curriculum Chairs have a choice of 2 courses per semester release time or a premium stipend. 2. Premium stipends would be $700 per semester credit hour. This would total $4,200 per semester or

$8,400 per academic year. 3. In Additionally, the college will pay a $1,000 per month stipend for June and July for Curriculum

Chairs. Summer work is essential for credentialing, textbook, and fall semester adjunct preparation. Summer pay is capped at 25% as per TBR policy.

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POLICY

Category

ADMINISTRATOR & SUPPORT STAFF TEACHING CRITERIA, LOAD & PAY – 5:10:00:02

Approval Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: N/A Responsible Party: Vice President for Academic Affairs

I. PURPOSE

Motlow State Community College wants to provide opportunities for administrators to occasionally teach a class or classes. This allows them to maintain teaching skills, gain a firsthand perspective on today’s students in a classroom setting, assist the college in course staffing needs, and pursue professional development.

II. GUIDELINES

A. Qualifications for administrators to teach are the same as hiring any other faculty member. The appropriate credentialing form will be used and signed by all parties.

B. Eligibility for extra compensation for Motlow State Community College administrators will have the same limitations as a full-time faculty member. The administrator shall be limited to teaching no more than two additional courses, maximum of six semester credit hours, per semester for extra pay unless waived by the Vice President for Academic Affairs.

C. Payment will be at the appropriate adjunct faculty rate.

D. Teaching is contingent on enrollment, course availability, the support of the person’s immediate supervisor and Vice President, and the support of the appropriate dean.

E. In accordance with TBR policy, support staff are not eligible to teach.

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POLICY

Category

DISTANCE EDUCATION COMMITTEE – 6:10:00:30 Approval

President’s Council Approved: December 9, 2016

Effective Date/Approved: December 9, 2016

Revised: January 12, 2009; December 9, 2016

Responsible Party: Vice President for Academic Affairs

I. PURPOSE

The Distance Education Committee is a recommending body organized to have oversight of distance education delivery at Motlow State Community College. Recommendations flow from the committee to Vice President for Academic Affairs, to the President, who has final approval.

II. DUTIES A. The duties of this committee are:

1. Develop and review periodically the policies and procedures regarding distance education delivery. 2. Provide overall direction to the distance education delivery program. 3. Review periodically and respond to changing technologies as they relate to distance education

offerings. 4. Facilitate ongoing support of the distance education delivery program and courses.

III. MEMBERSHIP

A. This committee is composed of the following members: 1. Three Deans or Assistant Deans (rotating biennially) from each Academic Division (Ex-officio) 2. Vice President for Academic Affairs Information Technology (Ex-officio) 3. Representative to the TBR Distance Education Committee (Ex-officio) 4. Three One faculty members from each of the academic divisions 5. An adjunct faculty member may volunteer.

B. Any faculty member from the academic divisions is eligible to be nominated by his/her Dean Curriculum Chair for a two-year period of membership.

C. The three Deans will be selected by the Vice President for Academic Affairs for a two year period of membership.

D. The Deans and the Vice President for Information Technology Academic Affairs will serve indefinitely.

E. A chair and secretary are elected by the committee biennially.

SOURCE: MOTLOW COLLEGE XR: NONE

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POLICY

Category

INTERNATIONAL EDUCATION COMMITTEE – 6:10:00:33 Approval

Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: July 21, 2015; December 9, 2016 Responsible Party: Vice President for Academic Affairs

I. PURPOSE

The International Education Committee (IEC) is a standing committee, whose purpose is to oversee all international education initiatives at Motlow State Community College (MSCC). The Director of International Education serves as Chair of the IEC and retains administrative authority and responsibility for the duties assigned to the IEC, including setting the meeting schedule. II. APPOINTMENTS

A. The appointments and terms of service of committee members are as follows: 1. One Two faculty members from each separate campuses (Moore County, McMinnville, Fayetteville,

Smyrna) appointed by the Vice President for Academic Affairs for one-year terms 2. The Director of Student Affairs Two Student Services staff member from each separate campuses

(Moore County, McMinnville, Fayetteville, Smyrna) for one-year terms 3. The Director of International Education 4. The International Education Advisor 5. The Vice President for Academic Affairs One Campus Dean (ex officio) for a one-year term

III. VOTING

A. The following information pertains to issues which require a vote by the IEC Committee: 1. The Vice President for Academic Affairs Campus Dean serves ex officio as a non-voting member

unless his/her vote is needed to break a tie. 2. All other members of the IEC have voting privileges and may succeed themselves in appointment. 3. Any action taken by the IEC must be approved by a majority of the members. 4. Members not in physical attendance at a meeting may vote by video conference or telephone

conference call at the time of the meeting, or by e-mail within a reasonable period of time as set by the Director of International Education.

IV. RESPONSIBILITIES

A. The duties and responsibilities of the IEC include, but are not limited to:

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Motlow State Community College

6:10:00:33 International Education Committee Policy

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1. Development and periodic review of policies and procedures regarding international education

initiatives

2. Assistance and advisement to the Assistant vice President for Academic Affairs regarding

international education initiatives

3. Coordination, facilitation, and approval of faculty development activities related to international

education initiatives

4. Coordination and facilitation of international education initiatives including study abroad and co-

curricular events

5. Review and recommended disbursement of all expenditures related to international education

initiatives, including the award of study abroad scholarships

6. The International Education Advisor acts as secretary/recorder for the IEC, with the responsibility of

recording, archiving, and disseminating minutes of all IEC meetings

B. The role of the IEC is consultative with and advisory to the Vice President for Academic Affairs. All

recommended actions or policies must be duly approved through the college approval process.

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Category

AIDS & OTHER COMMUNICABLE DISEASES – 3:00:00:04 Approval

Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: November 10, 2008; December 9, 2016 Responsible Party: Vice President for Student Affairs

I. PURPOSE

The following guidelines are for education, protection, and control of AIDS: A. Admission and retention of students, employees, and/or applicants for enrollment or employment.

1. Persons who test positive for the HTLV-III antibody or who have AIDS or AIDS Related Complex (ARC) shall not be restricted from attending classes or being employed.

2. Persons who test positive for HTLV-III or who have AIDS or ARC will be permitted to participate fully in classes or employment activities to the degree that they are physically capable.

3. Students and employees shall not be required to respond to questions about the existence of AIDS, ARC or HTLV-III antibodies in their blood.

4. College officials will not undertake programs of screening students or employees for AIDS, ARC, or HTLV-III antibodies.

5. New students and employees will be encouraged to notify appropriate health authorities if they have AIDS or ARC or test positive for HTLV-III, and will be provided anonymous access to the "Procedures for Reporting to Health Authorities" and "Procedures for Individual Reporting to Health Authorities" as provided by the State Board of Regents.

6. Any information given to any college authorities regarding students or employees who have AIDS or ARC or who test positive for HTLV-III antibodies will be sent by the college authority contacted to the appropriate health official following "Procedures for Reporting to Local Health Authorities," Attachment B of the State Board of Regents "Guidelines for the Development of an Institutional Policy." No such records will be kept on the Motlow campus.

7. No specific or detailed information concerning complaints or diagnosis will be provided to faculty, administrators, parents, or employers without the expressed written permission of any student or employee.

8. Students shall not be excluded from recommended housing because of a positive HTLV-III test. Students with known AIDS or ARC will be advised of the risk to themselves or exposure to other communicable diseases in close living quarters.

9. Students or employees who have tested positive for the HTLV-III antibody, AIDS, or ARC will be encouraged to obtain regular medical follow-up.

II. EDUCATIONAL PROGRAMS REGARDING AIDS A. The organization and implementation of effective educational programs about AIDS and HIV infection

shall be a primary response of the institution. B. Both students and faculty shall be provided, annually, the most current information available regarding

AIDS, ARC, and HTLV-III.

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Motlow State Community College AIDS & Other Communicable Diseases Policy 3:00:00:04 Page 2 of 2

III. INFECTION CONTROL FOR AIDS & OTHER COMMUNICABLE DISEASES

A. Maintenance Department

1. Cleaning of all toilets, sinks and floors on campus at least once a day with an effective disinfectant shall be observed. (Currently used Ammonium Chloride solution is acceptable.)

2. Trash contaminated with blood or other body fluids shall be placed in sealed bags until incinerated.

B. Classroom Laboratories 1. Students and faculty shall use the "Universal Precautions" recommended by the Centers for Disease

Control, Atlanta, (CDC) regarding exposure to blood and other body fluids. (See IV below). 2. Specific instructions for disposal of puncturing equipment shall be given to all students and faculty,

verbally and in writing. 3. No student or faculty shall be required to obtain or process blood or body fluids of others unless that

person is provided gloves, disposable gowns or any other necessary safety equipment designed to reduce the transmission of the virus.

C. Athletic Activities 1. First Aid supplies for athletics shall include gloves. 2. Gloves shall be used to clean up blood or other body fluids if an injury occurs. 3. All open sores shall be covered with non-porous dressings. 4. Towels and clothing contaminated with blood or other body fluids shall be placed in sealed bags until

laundered.

D. Nursing Students' Clinical Field Experience 1. Students admitted to the nursing program, prior to going to a clinical site, are provided instruction on

infection control guidelines. Written policy regarding gloves and gloving procedure during the clinical field experience shall be distributed to students upon entry into the nursing program and reviewed at the beginning of each semester.

2. A class session on infection control shall be conducted each year for the first year nursing class, including a signed statement by each nursing student that he or she has received the content material.

3. Copies of AIDS and communicable disease policies of cooperating clinical agencies shall be kept on file in the Nursing Department office.

4. Students and faculty shall observe the AIDS and communicable disease policies of the cooperating clinical agencies, the AIDS and communicable disease guidelines of Motlow State Community College, and the "Universal Precautions" recommended by Centers for Disease Control (CDC) (See IV below).

IV. UNIVERSAL PRECAUTIONS The "Universal Precautions" recommended by the Centers for Disease Control (CDC) and Federal Registry Department of Labor, O. S. H.A. which define Exposure to Blood borne Pathogens are: A. Any contamination from blood and other body fluids shall be handled with gloves. Hands shall be washed

with soap and water after removal of gloves. B. Appropriate protective attire shall be worn when exposure to blood and other body fluids is anticipated.

This equipment shall be available in the Health Services Office. C. Only disposable, one-user needles or disposable lancet equipment shall be used. These sharps shall be

disposed and stored in a puncture-resistance INFECTIOUS WASTE labeled container. D. Contaminated laundry or other linens shall be stored in Red Infectious Waste Bags. Trash contaminated

with blood or other body fluids shall be placed in Red Plastic Infectious Waste Bags. E. Contaminated work surfaces shall be decontaminated with an appropriate disinfectant.

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Category

MEMBERSHIP DUES & SUBSCRIPTIONS – 4:10:09:00 Approval

Corresponding Guideline: TBR Guideline G-080 Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: December 20, 2005; Reviewed - February 20, 2007; December 9, 2016 Responsible Party: Vice President for Finance & Administration

I. PURPOSE

The following policy on membership dues and subscriptions is hereby adopted for enforcement of the provisions below. and for prohibiting renewal of memberships and subscriptions disapproved by the State Membership Dues and Subscription Committee.

II. DEFINITIONS

For purposes of this policy, the terms below are defined as follows:

A. Membership dues or subscriptions are any expenditure from state funds by an institution which entitle subscription of material or membership, associate membership, or participation in activities of an organization. B. Organization is a group (public or private), association, or society whose purpose is to promote common interests and share information. C. Professional library is a collection of periodicals, books, publications, or reference materials maintained by a department or institution for the use of faculty, staff, and students. D.C. Publication directly related to the mission means a publication without which the mission of the institution would be impossible or difficult to perform.

III. APPROVAL

A. The Executive Staff Membership dues and subscriptions must be approved by the appropriate vice president. The vice president shall make their determination based on the criteria approve all new memberships and subscriptions except as provided below.

B. Membership dues and subscriptions related to the Athletic Department must be approved by the President.

IV. CRITERIA

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A. An institution may be a member of an organization or maintain subscriptions if the membership or

subscription is directly related to the goals and mission of the institution. B. An institution may not pay the membership dues or subscription of an individual.

1. An exception may be granted in rare instances in which an organization does not permit institutional membership or in which an individual member (in the name of an institutional representative) is less expensive than an institutional membership.

2. However, memberships necessary to maintain or enhance an employee's professional status should be considered the responsibility of the employee and the association dues considered a personal expense.

C. Duplicate memberships and subscriptions should be evaluated with the intention of providing only one

membership/subscription per institution. D. Membership dues and subscriptions costing in excess of $1,000 must be approved initially by the

Chancellor. A written request for approvals must be submitted by the President and include an explanation of the specific benefit the institution derives. A listing of other institutions which maintain the membership or subscription may be requested.

E D. Where membership dues are included as part or all of the expense of an organization meeting for

which the institution pays the expense of an employee to attend, the appropriate expenses shall be considered membership dues under these guidelines and should be subject to the established membership approval process.

F E. Faculty and staff membership in civic organizations is encouraged; however, state funds may not be

used to pay for memberships.

G F. No institution may subscribe to political publications for other than instructional purposes. H. Professional libraries may include subscriptions related to their function or purpose. Institutions are

encouraged to maintain professional libraries in central locations so that faculty, staff and students may benefit from the periodicals.

I. G. An institution may subscribe to newspapers within its service area for public information and

instructional-related purposes only. The only exceptions to the above are that the athletic department may subscribe to newspapers outside the institution's service area, and that subscriptions to newspapers with national distribution may be held for instructional purposes.

J. Subscriptions to airline flight guides must be approved by the Chancellor, pursuant to the following: 1. There is only one subscription maintained per institution. 2. Institutional personnel engage in large amount of airline travel. 3. There is no other institution or agency which could, as a practical matter, share the subscription with the

requesting institution. K.H. Newspaper clipping services must be approved by the Chancellor President. The need for the service

shall be clearly set forth in writing. The written justification should address the following points: 1. The subjects to be clipped. 2. The type of clipping service requested. (For example, statewide, all daily newspapers.) 3. The use of information provided by the service. a. Who the clippings are circulated to in the institution. b. How the clippings benefit the institution.

4. A statement that the clipping service is the most economical means of fulfilling the institution's needs. IV. EXCEPTIONS

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A. Exceptions to these guidelines may be approved by the President.

Policy No. 4:10:09:00

SOURCE: MOTLOW COLLEGE XR: TBR Guidelines G-080

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Category

PUBLICITY & COMMUNITY RELATIONS – 4:10:10:00 Approval

Leadership Council Approved: December 9, 2016 Effective Date/Approved: January 1, 2017 Revised: January 12, 2009; December 9, 2016 Responsible Party: Vice President for Marketing & Advancement

I. PURPOSE

This policy provides guidance to all employees of Motlow State Community College regarding the release of information to the general public through any media outlet.

II. POLICY

A. Information for news release to the general public through the media or press, radio, and/or television should be channeled through must be approved by the Director of Institutional Research. Vice President for Marketing & Advancement or their designee.

B. Faculty and staff members should submit news items to the Director of Institutional Research Vice President for Marketing & Advancement through the Department Head curriculum chair (or other appropriate supervisor) with their telephone number in the event that for additional information is needed.

C. The release should answer the following questions: 1. Who? 2. What? 3. When? 4. Where? 5. Why? 6. How?

A telephone number should be included in the event additional information is needed.

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Category

INTELLECTUAL PROPERTY ADVISORY COMMITTEE – 6:10:00:11

Approval Corresponding Policies: TBR Policy No. 1:02:11:00; TBR Policy 5:01:06:00; TBR Guideline A-075 Leadership Council Approved: December 9, 2016 Effective Date/Approved: December 9, 2016 Revised: January 28, 2009; December 9, 2016 Responsible Party: Vice President for Academic Affairs

Subject: Intellectual Property Advisory Committee

I. PURPOSE

This standing committee is composed The Intellectual Property Advisory Committee is a standing committee created to ensure the rights and obligations relating to Intellectual Property created by employees, students, and others connected with the College.

II. MEMBERS

This standing committee serves three academic years and overlap to ensure two incumbents on the committee at the same time is composed of three faculty, one library staff member, and one student.

A. The members of this committee serve for three academic years and the terms of service are scheduled to ensure that two incumbents are on the committee at all times.

B. The committee is composed of three two faculty members, and one library staff member, and one student.

C. To the extent possible, members selected for the committee are experienced in research, innovation, and production of copyrighted materials.

The members of this committee serve for three academic years and the terms of service are scheduled to ensure that two incumbents are on the committee at all times. The committee is composed of three faculty, one library staff member, and one student.

1. Faculty members are chosen by the Dean of the College Vice President of Academic Affairs to serve three-year terms., and approved by the Vice-President for Academic Affairs a Campus Dean;.

2. the The student representative is selected through the Student Government Association and approved by the Vice-President for Student Affairs. and Institutional Advancement; and

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Motlow State Community College Intellectual Property Advisory Committee Policy - 6:10:00:11

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2. The library staff member is appointed by the Vice President for Quality Assurance and Performance Funding President to serve a three year term.

B. Committee members' terms are three academic years and overlap to ensure two incumbents on the committee at all times.

D. The committee annually elects a chairperson whose responsibilities include record keeping. A written record of all committee actions is shall be kept on file in the office of the Vice President for Academic Affairs.

III. RESPONSIBILITIES

A. Responsibilities and general process guidelines for the Advisory Committee are as follows:

1. The committee shall advise the president in all matters relating to this policy. 2. The committee shall conduct such investigations as may be necessary to assess the rights and

responsibilities of all parties. 3. The committee will receive from the president referral of any disclosure made by MSCC employees

concerning inventions, discoveries, and copyrightable materials. 4. The committee shall expeditiously seek to determine the extent to which the inventions, discoveries,

or copyrightable materials resulted from institutional or other sponsorship, or involved a significant use of institutional resources.

B. The committee may advise the president as follows:

1. If the committee established that no institutional or external sponsorship or no significant use of institutional resources was involved, it shall advise the institution to waive all claims.

2. If the committee establishes that institutional sponsorship, external sponsorship, or significant use of institutional resources were involved, it shall so advise the president.

3. If the committee establishes that external sponsorship was involved, it shall determine the terms of the sponsorship agreement as it relates to patents and copyrights and advise the president and those providing disclosure of such terms. Where the terms of the external sponsorship do not provide for the disposition of patents and copyrights, Motlow State Community College and Board of Regents policies shall be followed.

4. In all cases in which Motlow State Community College requires the assignment of patents and copyrights to it, or when the institution assigns its rights to the person disclosing discoveries or copyrightable materials, and when institutional resources were involved, the Intellectual Property Advisory Committee shall recommend to the president a royalty-sharing arrangement. The recommended agreement should take into account contributions by the individual and the institution (see the Royalty-Sharing Agreements section).

IV. ROLE OF THE PRESIDENT RELATIVE TO INTELLECTUAL PROPERTY

A. The president will receive from Motlow State Community College employees disclosures concerning inventions, discoveries, and copyright materials. Following receipt, the following process is applicable:

1. The president shall refer the disclosure to the Intellectual Property Advisory Committee and request its study and recommendations.

2. On receiving recommendations from the Committee, the president in a reasonable time will inform the committee and the employed individual who has interest in the patent or copyright as follows: a. If the committee recommends that Motlow State Community College waive all claims, the

president will indicate whether or not he/she concurs and whether or not the institution waives all claims.

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b. If the committee advises the president that institutional sponsorship, external sponsorship, or significant use of institutional resources were involved, the president will indicate in a reasonable time whether or not the institution intends to hold and pursue its rights.

c. If the committee advises the president of a royalty-sharing arrangement, the president will indicate in a reasonable time whether or not the institution accepts the recommended arrangement.

V. ROYALTY–SHARING AGREEMENTS

A. In considering a royalty-sharing agreement, the president will take into account contributions by the individual and by the institution.

1. The shares of the parties are to be based on the relative contributions of the parties to the invention, discovery, or copyrights materials licensing, and administering the patents and copyrights, and the agreement shall be approved by the president and the chancellor or his/her designated representative. In no case shall the employee's share of the net royalties be less than 25% percent.

2. Where institutional sponsorship and/or significant institutional resources were involved, the agreement shall also provide for reservation to the Board of Regents of a nonexclusive, irrevocable license in the invention, discovery, or copyrightable materials with power to grant licenses for all governmental and educational purposes.

3. If the content of materials developed by a Motlow employee, and for which MSCC holds a copyright, is changed during the period of the original copyright, the authors shall have the option of being credited or not credited for the materials retained. Such action shall not abrogate any royalty-sharing agreement.

4. Nothing in this policy shall preclude mutually agreed upon contractual arrangements between the institution and members of the community wherein either party may agree to waive rights to patents, discoveries, or copyrightable items. All employees shall cooperate with the institution in obtaining patents and copyright, including the execution of all necessary documents.

B. Appeal Procedures

1. Upon receipt of the president's decision related to rights and royalty-sharing agreements, the Motlow employee in question shall have thirty calendar days in which to file a formal written appeal.

2. The president may at his/her discretion appoint a special committee to investigate and advise regarding the appeal. Within fifteen calendar days following the end of the thirty-day period, the president shall make known his/her decision concerning the appeal.

3. If appropriate, the final The decision by the President may be appealed to the Tennessee Board of Regents in accordance with TBR Policy No. 1:02:11:00. Appeals Policy

This policy is promulgated pursuant to, and in compliance with, TBR Rule 6:10:00:11 Intellectual Property Advisory Committee. To the extent that a conflict exists between this policy and TBR rule, policy and/or applicable law(s), the TBR rule, policy and/or law will control.