Chapter 7 - Miscellaneous

The Community Colleges of Spokane will work to identify, promote, and coordinate best practices that preserve and utilize the efficient use and conservation of energy, water and other resources. The Community Colleges of Spokane will also increase promotion of conservation efforts to reduce resource consumption and waste while simultaneously striving to achieve excellence, innovation and performance in a sustainable manner. Economic feasibility and return-on-investment will be evaluated when considering any sustainability project.

Procedure:

     A. Sustainability

Fundraising programs for the Community Colleges of Spokane shall be conducted by the Community Colleges of Spokane Foundation under agreement between CCS and the Foundation. Any gift not made through the foundation shall be accepted following procedures established by the district administration.

Employee and student club fundraising and charitable activities shall conform to the state ethics laws, advisories of the state Executive Ethics Board and district procedures.

Procedure:

    A. Fundraising for Charitable Purposes
    B. Fundraising for CCS Purposes

Community Colleges of Spokane will comply with State Board for Community and Technical Colleges policies regarding advertising expenditures. The Marketing and Public Relations Department, working with SCC, SFCC, and the District Office is responsible for coordinating and administering all paid advertising programs.

Academic research or training activities which use human subjects shall protect the rights, well-being, and personal privacy of individuals, assure a favorable climate for the acquisition of practical skills and the conduct of academically-oriented inquiry, and protect the interests of the institution.

1. Academic research

   • All research conducted by faculty, staff and students which use human subjects require prior review by an institutional review board. Informed written consent shall be obtained from each prospective subject, or the subject’s legally authorized representative. All research using human subjects will be conducted in compliance with Federal Regulations, Title 45, Part 46 of the Code of Federal Regulations.

2. Training activities

   • Training procedures and demonstrations which use human subjects shall receive the prior approval of the VP for Learning or a review committee established by the VP of Learning. Such procedures and demonstrations shall be conducted only by instructors who assume responsibility for the approved activity. Informed written consent shall be obtained from each prospective subject or the subject’s legally authorized representative. Students who enroll in programs which use students as human subjects shall be informed of the procedures at the beginning of the program. Students who do not give their consent to be a human subject may be given alternative learning experiences at the discretion of the instructor. Students who choose to neither participate as a human subject nor accept an alternative learning experience will be informed that they may not be able to complete the program successfully.

Procedure:

    A. Research Involving the Use of Subjects
    B. Responsible Conduct

For the purposes of the sections 7.50.10 through 7.50.14 the following words shall mean:

1. "Creative Work" or "Work" shall include the original, intellectual, literary or artistic creations including, but not limited to books, manuals, texts, lectures, addresses, study guides, plays, poems, music, pictures, photographs, films, film strips, slides, tapes, records, program units, computer software, and other instructional materials and products. "Creative Work" or "Work" shall not include articles submitted to or published in scholarly and professional journals or class notes produced in connection with regularly scheduled courses of instruction.

2. "Creator" shall mean any employee, group of employees, registered student or groups of registered students, or any combination thereof which authors or produces a creative work.

3. "District" shall mean Washington State Community College District 17.

CCS shall encourage and assist the creator to produce creative works.

It is the purpose of the district's copyright policy to clarify the respective rights of the district and its employees by establishing policies governing the ownership, control, use, and disposition of creative works. This policy is not intended to affect the right of employees of the district to own, control, use, and dispose of works which are created by the individual without assistance, support, or sponsorship from the district.

An employee or group of employees of the district who produce(s) a creative work without the assistance, support or sponsorship of the district shall retain full right of ownership, control, use and disposition over the work. The employee(s) shall be solely responsible under such circumstances for copyrighting the creative work.

1. A work is created with the assistance, support or sponsorship of the district under any of the following circumstances:

   1. When the creator utilizes any district funds, equipment, facilities, materials, staff services or other resources in connection with the creation of the work which are not normally assigned to an employee or student as necessary to perform regularly assigned duties, scholarly pursuits and research or class preparation. For purposes of this subsection, sponsorship shall not include reasonable and normal use of assigned office space, typewriters and other office equipment and research materials nor shall it include classroom and laboratory materials and equipment normally available for use by students as part of regularly scheduled classroom activities.

   2. When any portion of the work is created during time for which the creator receives compensation from the district, except for those portions of the work which may be created from time to time as part of regular classroom preparation or student assignments, or from grants or contracts administered or sponsored by the district.

   3. When the creator is compensated by the district for developing the creative work.

2. Whenever the creator produces a creative work with the assistance, support or sponsorship of the district, the district shall have full right of ownership, control, use, and disposition over the work, subject to subsections 3 and 4 of this section and section 7.50.14. The district may copyright such a creative work.

3. Whenever the creator produces a work with the assistance, support or sponsorship of the district, the district shall be the sole recipients of any and all income derived from the ownership, use, sale, or disposition of the work until the district has been reimbursed for all district expenses incurred during the creation, development and production of the work. Reimbursement costs shall be determined by a standard schedule, based on the scope of the work, equipment and staff time used, publication costs and any and all special costs. When the district has been reimbursed for all expenses incurred during the creation, development and production of a creative work, the district and the creator shall each receive fifty percent of any remaining or future income derived from the creative work.

4. Whenever the development of a creative work has been supported by a grant or contract, the district and the creator shall adhere to the conditions of the grant or contract. The copyright status of a creative work supported by a grant or contract and the distribution of income derived from the ownership, use, sale or disposition of a creative work supported by a grant or contract shall be subject to the provisions of subsection 2 and 3 of this section except when subsections 2 and 3 are contrary to the conditions or requirements of the grant or contract.

Notwithstanding any other provisions of sections 7.50.11 through 7.50.14, the district or the creator may enter into a separate contractual agreement. Such an agreement may: (1) limit or restrict the district's right of ownership, control or use or disposition over a work produced with the assistance, support or sponsorship of the district, or (2) increase or decrease the creator's share of the income derived from a creative work after the district has been reimbursed for all expenses incurred during the creation, development and production of the work.

Whenever either the district or the creator wishes to enter into a separate contractual agreement pursuant to this subsection, it shall be the responsibility of either party to negotiate the terms of the agreement prior to the beginning of the actual development of the creative work.

Community Colleges of Spokane recognizes that United States copyright laws exist for the public good and balance the intellectual property rights of authors, publishers, license holders and copyright owners with the educational community’s need for the free exchange of ideas. CCS will adhere to the provisions of U.S. copyright laws, including all relevant copyright and patent laws, the Digital Millennium Copyright Act, the Technology, Education and Copyright Harmonization (TEACH) Act, Guidelines for Off-Air Recording and all other relevant laws and regulations.

Procedure:

    A. Use of Copyrighted Materials

Ownership of all patents for inventions created by a District employee within the scope of such employee's regular duties or for inventions commissioned by the District by assignment for use in any District sponsored program or activity shall be determined contractually prior to the invention of the product.

Any person hired by the District to invent a product shall remain the inventor of the product. However, such a person shall assign the patent rights to the District in writing. A notarized certificate of acknowledgement is prima facie evidence of the execution of such an assignment.

The District reserves the right to use at it may see fit an employee's invention without the payment of royalties, providing that such invention was created while the employee was a bona fide employee of the District, and that such invention was created expressly for use in the employees work assignment at the time of creation.

The patenting of inventions produced by District employee(s) through grants or contracts from other agencies, organizations or corporations shall be done according to the contractual agreement between the District and the employee(s).