IV.D. Employee Responsibilties

IV.D.1. Employee Workweek

IV.D.1.01 Workweek

The workweek is the number of hours per week employees are expected to perform their duties at their workstations, System locations, and/or other non-System sites identified as appropriate to meet their respective responsibilities. Exceptions are made for approved leave, holiday schedules, summer schedules, and other times designated by the Chancellor.

Support staff is expected to work forty hours per week. Excess hours worked above forty in a week must have prior written approval of the supervisor, and be recorded and compensated in accordance with the Overtime Policy.

Professional staff and non-instructional faculty shall generally follow the forty-hour workweek consistent with non-exempt employees. It is recognized that hours may vary depending upon assignment. As exempt employees, professional staff will not receive compensation for hours worked in excess of forty, but may be offered compensatory time off (one hour for each hour worked) with approval from the LEO.

Administrative staff shall generally follow the traditional forty-hour workweek. However, administrators are required to put in the time necessary to get tasks accomplished, and may be assigned to other duties during time beyond the forty-hour work week, including evenings, weekends, and holidays. Administrators may adjust their normal schedule to offset additional hours, but shall not be eligible for compensatory time or other compensation for hours worked in excess of forty.

Members of the teaching faculty are expected to meet the contact hour requirements for each of the courses assigned in their respective workloads. These requirements include both synchronous and asynchronous instruction. To maximize faculty accessibility to students, it is expected that teaching faculty will be on campus a minimum of four days per week and preferably five. Office hours should be scheduled at reasonable hours, which are convenient for students, e.g., before and/or after class meetings. These office hours will be posted and included in the course syllabi.

It is recognized that teaching faculty may accomplish certain aspects of their teaching responsibilities off-campus, e.g., course preparation, evaluation of student work, and computer-based instruction. No specific hourly requirement shall be assigned to teaching faculty. To facilitate the calculations of negotiated workloads, a thirty-five hour faculty workweek will be the general guideline. Teaching faculty will allot sufficient time within their work week to fulfill other provisions of the workload, e.g., institutional service, committee work, and professional development. This policy shall apply during each term a faculty member is contracted to teach.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.2. Full Time Faculty Workload

IV.D.2.01 Workload

Workload consists of responsibilities identified in the three components of the job with a recommended (traditional) percentage. They are:

1. Learning Facilitation - 70%
2. Institutional Service - 20%
3. Professional Development - 10%

Faculty has an option of either a traditional or negotiable workload with a minimum of twenty-four hours per week devoted to learning facilitation. Workload calculation is based on a general guideline of a thirty-five hour week (Faculty Workweek Policy).

IV.D.2.02 Definitions

Learning Facilitation - One of three workload components of the faculty position that includes responsibilities associated with serving students such as: teaching, planning, evaluating, advising, and counseling.

Institutional Service - One of three workload components of the faculty position. It contemplates collateral responsibilities that support LSCS in achieving its goals such as serving on committees, mentoring faculty, recruiting, developing curriculum, and supporting administrative functions.

Professional Development - One of three workload components of the faculty position. This may include responsibilities associated with addressing growth and change such as participating in the evaluation process, attending workshops, enrolling in programs of study, and contributing to one's profession.

Discipline Profile - A standard to guide the assignment of the Learning Facilitation Component of faculty workload. The profile identifies by discipline the number of hours and usual number of sections that faculty members teach in each academic year.

Annual Assignment - Workload assignments include the fall and spring semesters, and if contracted, the summer session(s). The average number of hours per week may vary if the total meets the annual standard.

Negotiated Workload - An individualized workload assignment based on Division/College goals.

Traditional Workload - A workload assignment consisting of responsibilities in all three workload components of the faculty position at the identified percentage of time, and a teaching assignment according to the discipline profile, including a minimum of twenty-four hours per week devoted to serving students.

IV.D.2.03 Teaching Assignments

The teaching component of the faculty assignment shall be consistent with the applicable Discipline Profile. Teaching hours may be adjusted for faculty on a negotiable workload.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.3. Ethical Standards

IV.D.3.01 Ethical Standards

All employees must adhere to the highest ethical and professional standards, always conducting official duties for the System with integrity and honesty, and in conformance with applicable law, governing regulations, and the policies adopted by the Board of Trustees. All employees must:

1. Be responsible for protecting information that is made confidential by law, to which access is restricted by state or federal law, Board policy, System procedures, or in accordance with contracts to which the System is bound. This includes an obligation to refuse to engage in any employment, sales, or commercial activity that might reasonably be expected to require or induce the disclosure of information acquired by reason of the employee's position.
2. Refuse to accept any significant gift, favor, or service that might reasonably tend to, or appear to, influence the discharge of official duties or official conduct. This includes the responsibility to avoid any personal business arrangements that might impair independent judgment in the performance of official duties.
3. Avoid personal investments that could reasonably be expected to create a substantial conflict between the employee's private interest and the public interest to which he or she is appointed to serve.
4. Perform all official duties and exercise all official powers in an impartial manner, free from any solicitation, acceptance or agreement to accept or give any personal benefit, including a benefit for or to one's family.
5. Contribute to the creation of a positive and constructive environment that is essential for the success and effectiveness of the workplace and the teaching/learning process, including the responsibility for each employee to:
   1. Subscribe to the judicious use of power vested in his or her position and exercise particular care in relationships of unequal authority, such as that of a supervisor/subordinate or a faculty/student, in which he or she has responsibility for evaluation and decision-making.
   2. Ensure that each employee/student under his or her direction has the opportunity to work/learn in an environment that is free from prohibited harassment or discrimination and that reflects concern for each individual and respect for each person.
   3. Refuse to permit a family member to enroll in a class or other instructional activity for which the employee has responsibility to evaluate performance.
   4. Take reasonable actions to ensure that appropriate rules regarding plagiarism and/or cheating are in place and enforced to protect academic integrity.
6. Keep accurate and reliable records of all matters for which he or she has responsibility, and maintain all records and funds in a manner that is consistent with the law and the System's accounting processes, in an accurate and straightforward manner.
7. Provide full and accurate information, and true records of all required documentation, including employee applications, employment verification documents, transcripts, certifications and credentials, criminal history, information regarding prior employment, and any other information which materially relates to the employee's employment or application for employment with the System.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.4. Additional Employment and Consulting

IV.D.4.01 Additional Employment

As determined by the College Dean (in the case of faculty) or the Employee’s Supervisor (in the case of professional staff, administrative staff or other professional or administrative contractual employee) - which for purposes of this Section D.4.01 shall mean the employee supervisor - a full time employee may not undertake additional employment that:

1. Interferes, directly or indirectly, with the regular work of the employee;
2. Has been offered because of the employee's official connection to the System;
3. Uses System resources including, but not limited to, computers, copiers, materials, equipment or offices;
4. Was not approved in advance and in writing by both the employee’s supervisor and the respective College President or Vice Chancellor;
5. Is expressly limited by virtue of the employee’s employment contract with the System; or  
6. Violates any of the principles established in the Ethical Standards policy.

LSCS Policy Manual Section adopted by the Board of Trustees on December 2, 2010

IV.D.4.02 Additional Employment - Consulting or Self Employment

When a fulltime employee of the System wishes to engage in additional employment, including self-employment, the employee must report the nature and scope of the outside employment to his/her supervisor.

A conflict of interest will not occur for a full-time employee if the self employment or consulting does not involve use of System resources, does not interfere with time in which the employee is working for the System, or does not interfere with the employee's work responsibilities.

IV.D.4.03 Commissioned Peace Officer

Peace officers seeking to work additional jobs are subject to the additional procedures and guidelines prepared by the administrator serving as the Commissioner, or his or her designee.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.5. Conflict of Interest

IV.D.5.01 Use of Official Authority Prohibited

LSCS employees have the rights of freedom of association and political participation guaranteed by the State and Federal Constitutions. No employee shall use his or her official authority or influence to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. No employee may coerce, attempt to coerce, command, restrict, and attempt to restrict, or prevent the payment, loan or contribution of anything of value to a person or political organization for a political purpose.

IV.D.5.02 No Public Funds for Political Purposes

No LSCS employee shall expend or authorize the expenditure of any public funds or resources for the purpose of influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition does not prevent any official or employee from furnishing to any elected or appointed official factual information describing the operations or the issues affecting the System or its students.

IV.D.5.03 Candidacy for Public Office

LSCS employees may run for election and serve as members of the governing bodies of school districts, cities, towns or other local governing districts. No campaign activities may be conducted during official business hours unless the employee has requested and received permission to use leave time for such purposes. Any employee who is elected to such a position may not receive any salary for serving as a member of the governing body.

IV.D.5.04 Non-Elective State or Federal Office

LSCS employees may hold non-elective offices with boards, commissions, and other state, federal, or nonprofit entities providing that the holding of such office: 1) is of benefit to LSCS; 2) is not in conflict with the employee's position; and 3) the position is not compensated except with the payment of direct expenses associated with the participation in the meetings.

IV.D.5.05 Use of System Equipment

No employee shall entrust System property to anyone, including other LSCS employees, to be used for other than System purposes. Employees shall not use institutional equipment or property for their own benefit or pleasure unless:

1. Arrangements have been made in advance with the cost center manager for payment of the value of the use of the property; or
2. The property consists of library books, recreational facilities, or other items that are available for the use of System residents.

Employees may, from time to time, use System telephones, e-mail and internet for personal purposes during working hours. The incidental use of the telephone, e-mail, and internet for such is permissible if the use does not interfere with the employee's performance of his or her responsibilities and does not incur any cost to the System. If additional costs are incurred by such use, the employee is responsible to promptly identify the additional cost and promptly reimburse the System.

IV.D.5.06 Receipt of Gifts

Employees who exercise discretion in connection with contracts. purchases, payments, claims and other pecuniary transactions of the System may not solicit, accept, or agree to accept any benefit from any person the employee knows is interested in or likely to become interested in any contract, purchase, payment claim or transaction involving the employee's discretion.

This prohibition does not apply to items having a value of less than $50, not including cash or negotiable instruments.

An employee who receives an unsolicited gift or benefit that he or she may not accept under this policy may donate the gift or benefit to LSCS, or to the LSCS Foundation.

IV.D.5.07 Travel Bonuses

Employees who earn credit with airlines, hotels, car rental companies, or similar travel related entities because of official travel are not required to account for such credit or use such credit for official travel only.

IV.D.5.08 Disclosure of Interest in Property to be Acquired

The Chancellor, Vice Chancellors, Presidents, Vice Presidents, and Associate Vice Chancellors must disclose any legal or equitable interest in real property that is to be acquired by LSCS with public funds. Such disclosure shall be made by filing with the county clerk of the county or counties in which the property is located, an affidavit containing the following information within ten (10) calendar days prior to the date on which the property is to be acquired. A copy of the filed affidavit must be provided to the System's General Counsel within the same time period.

1. Name and title;
2. A full description of the property;
3. Nature, type and amount of interest in the property;
4. The date when the officer acquired the interest;
5. A verification swearing to the correctness of the information in the affidavit; and
6. h. An acknowledgement of the type required for recording a deed in the records of the county.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.6. Reporting and Investigating Dishonesty and Fraud

IV.D.6.01 Internal Control Systems

Each LSCS manager is to be aware of the types of improprieties that might occur within his or her area of responsibility, to establish appropriate operating rules that will permit the timely identification of business irregularity, and to report any apparent irregularities to the director of internal audit. Any required investigative activity will be conducted without regard to the suspected wrong-doer's length of service, position/grade, or relationship to other internal or external persons.

IV.D.6.02 Actions Constituting Fraud

Any act of dishonesty or fraud, including those listed below, is covered by this policy:

1. Forgery or alteration of a check, bank draft or other financial document, or account belonging to the System;
2. Falsifying time sheets, expense reports or other reporting documents;
3. Misappropriation of funds, securities, supplies, or other assets;
4. Impropriety in handling or reporting of money, or financial transactions;
5. Profiting as a result of insider knowledge of System activities;
6. Disclosing confidential or proprietary information to outside parties;
7. Accepting or seeking anything of material value from vendors or persons providing services/material to LSCS, with the, exception of a perishable gift with a value of less than $50, and intended for a group of employees;
8. Destruction, removal or disappearance of records, furniture, fixtures, or equipment, or other assets;
9. Unauthorized conversion, alteration or tampering with any System record, for any purpose; and
10. Any similar or related irregularity.

IV.D.6.03 Investigation Responsibilities

The internal audit department is responsible for the initial investigation and shall promptly notify the Location Executive Officer, General Counsel, and the Vice Chancellor for Business Services/Chief Financial Officer of the initiation of the review. If any person who would otherwise be notified is a fact witness, or in any other manner may be potentially implicated or involved in the investigation, he or she shall not be notified, or involved in the administrative oversight or reporting of the conduct of the investigation. Once a factual investigation establishes fraud, the System's General Counsel and Chief Financial Officer shall communicate it to the Chancellor, and the Chancellor shall communicate the findings to the Audit Committee of the Board.

Decisions to prosecute or to turn the matter over to the law enforcement authorities and/or regulatory agencies for independent investigation, and all final decisions regarding the disposition of the case, will be made by the Chancellor, in consultation with the Board of Trustees.

Decisions regarding the continuing employment of persons who are involved in or failed to take appropriate actions to protect against dishonest or fraudulent conduct will be made in accordance with Board Policies regarding discipline and discharge.

IV.D.6.04 Non-Retaliation

Any employee who reports suspected fraudulent activity, in good faith, shall be protected against any retaliation for making such a report. The reporting member of the campus community shall refrain from confrontation with the suspect, further examination of the incident, or further discussion of the incident with anyone other than the employee's or student's supervisor, or others involved in the resulting review or investigation. Persons found to be making frivolous claims under this Policy will be disciplined, up to and including discharge of employment, for an employee or expulsion from the System, for a student.

IV.D.6.05 Confidentiality

The Director of Internal Audit may accept and initiate an investigation based on confidential information received from an LSCS employee or student who suspects dishonest or fraudulent activity. Results of investigations conducted by the Internal Audit Department will be disclosed and discussed only with those persons associated with LSCS who have a legitimate need to know, in the performance of their job duties and responsibilities.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.7. Copyright

IV.D.7.01 Compliance with Requirements of the U.S. Copyright Act

All members of the System community, including faculty, staff, students, and volunteers, must become knowledgeable about and take action to respect the legal rights of copyright owners, and refrain from actions that constitute an infringement of copyright or other proprietary rights.

Therefore, LSCS employees may not copy, distribute, sell, reproduce or revise, copyright protected materials unless the use is specifically permitted by:

1. The U.S. Copyright Act;
2. Fair use guidelines issued interpreting the requirements of the law;
3. Express terms of licenses or contractual agreements; or
4. Written permission of the copyright owner.

IV.D.7.02 Infringing Materials on LSCS Website

As an Internet Service Provider under the Digital Millennium Copyright Act, LSCS designates the Vice Chancellor of Information Technology or his or her designee to serve as the System's agent for purpose of receiving and investigating any notice of claimed infringement on any websites maintained by the System.

Upon receiving notification that a copyright owner believes that his or her copyright-protected information has been reproduced on any website maintained by LSCS, the designated agent shall promptly remove the item from the website and investigate whether the alleged infringement occurred.

LSCS will take prompt disciplinary action, up to and including discharge of an employee who places information on a website in violation of the U.S Copyright Act.

IV.D.7.03 Fair Use

LSCS authorizes its faculty and others engaged in teaching, research, and service activities to utilize copyright-protected materials in accordance with the Fair Use exception as set forth in Section 107 of the U.S. Copyright Act. To facilitate the use of copyrighted materials under this exception, the System will:

1. Inform and educate its faculty, librarians, and staff about what uses, are permitted;
2. Develop and make available through the office of the General Counsel guidance regarding the reach and limits of this exception: and
3. Assist in securing permission from copyright holders.

Faculty, staff, and other employees, who willfully disregard this Copyright Policy, place themselves individually at risk of legal action. In such cases, the System may refuse to defend the employee named in the court suit and in these suits the employee may incur personal liability.

IV.D.7.04 Reproduction or Distribution of Information

As part of meeting LSCS's commitment to provide specialized services related to the training, education, or adaptive reading or information access needs of blind or other persons with disabilities, LSCS authorizes its employees to reproduce or distribute copies or phonorecords of previous published non-dramatic works in specialized formats, exclusively for use by the blind or other persons with disabilities. Any such copies or phonorecords are to bear a notice that any further reproduction or distribution in a different format is an infringement, and identifies the copyright owner and the date of original publication.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.8. Intellectual Property

IV.D.8.01 Definitions [These definitions apply to subsections 8 and 9 below.]

"Copyrightable Work" is an original Work of authorship fixed in a tangible medium. Subject to copyright protection are literary Works expressed in words, numbers, and other symbols; musical Works including words; dramatic Works including music; pantomimes and choreographic Works; pictorial, graphic, and sculptural Works; sound recordings; audiovisual Works including multimedia projects; architectural Works; computer programs.
"Creator" or "Creators" means the originator(s) of Intellectual Property and includes artists, authors, designers, inventors, and other similar designations as defined in law and used in practice.

"System-Supported Work", is Intellectual Property that was or will be created, modified, developed or reproduced under one or more of the following circumstances:

1. By a System employee in the course and scope of employment.
2. Except for a "Scholarly Work'", a work will be considered created in the course and scope of employment if it is related to an employee's job responsibilities whether or not the employee was specifically requested to create the work. Job responsibilities include tasks or activities that are included in a position description that are assigned by the supervisor, or that are commonly expected of all persons in the job category. Creation of the Work would normally occur during System time with System resources, but an employee's use of personal time or other facilities will not change its characterization as a System-supported work if it is related to the employee's job responsibilities.
3. By a System employee through efforts undertaken, in whole or in part, when the employee is on duty to conduct System business. This provision shall not apply to convert the ownership of a scholarly work to a System-supported work for faculty.

"Incidental Use'" of System resources means that the normal consumption of System-owned supplies or System-paid utilities as is consumed in the ordinary course of work or study by the routine authorized actions of similar types of employees or students. Examples of incidental use are use of electronic mail, remote connection through a System server, word processing or other computing resources provided to all System employees or students without restriction to quantity of use, library materials available to the public, use of System resources according to an approved course of instruction, and the use of System resources for which a separate course activity or laboratory fee has been paid by the Creator.

"LEO'" is Location Executive Officer and refers to the Presidents of each of the colleges and the Vice Chancellors located at the System Office.

"Patent'" is a legal right that permits the owner to exclude others from making, using, and selling an invention for a period of time. In return, the inventor must disclose the invention in such detail in the patent application that other people will be able to make and use it after the expiration of the period of exclusivity.

"Personal Work'" is Intellectual Property that is unrelated to the creator's responsibilities as an employee of the System and that was developed on the creator's personal time with no more than incidental use of System resources.

"Scholarly Work'" is Copyrightable Work resulting from independent academic effort by professional, researcher, faculty, or student authors, whether or not such work may have been created within the scope of employment with the System. Examples are lecture notes, teaching aids, scholarly articles, monographs, books, research bulletins, and manuscripts.

"Sponsored Project" is a project funded in whole or in part by means of a third-party grant, contract, or gift.

"Trademarks/Service Marks" are commercial symbols used to identify products, services, or their producers in the marketplace. Protection may be available for verbal symbols, designs, distinctive features of clothing, buildings, sounds or colors, "trade dress", packaging, nonfunctional aspects of configuration or design of a product. These marks distinguish the products or services they identify from the products or services of others.

"Trade secret" is any information, including a formula, pattern, compilation, program, device, method, technique, or process, that derives independent economic value, actual or potential, from not being generally known and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and is the subject of reasonable efforts under the circumstances to maintain its secrecy.

IV.D.8.02 Purpose

This policy has been created in order to clarify the ownership of Works created by System employees, particularly when System resources are used in the creation of these Works.

Consistent with the System role as a publicly supported institution of higher education, the Board of Trustees of the System intends that this Intellectual Property policy enhance the System's educational mission and benefit the public it serves. The policy is intended to ensure that new discoveries and creations are protected in the best interests of the System, its researchers and authors, and System taxpayers.

IV.D.8.03 General Policy

It is the policy of the System to encourage its employees, and particularly the faculty, to be creative and to develop and produce creative Works. As an encouragement to creativity, the System seeks to minimize its claims of ownership to these Works, while protecting the interests of the taxpayers' investment in System resources used by employees in the creation of such Works.

Thus, it is the policy of the System that employees who create scholarly or Personal Works own them, unless:

1. Expressly provided otherwise by the terms of this policy, or
2. Expressly provided otherwise by written agreement between the creator and the System.

IV.D.8.04 Applicability

This policy applies to all persons employed by the System, including full-time, part-time, and student employees. This policy also applies to students and other individuals who use System resources, including facilities, equipment owned or otherwise made available by the System, or who use the efforts of on-duty System employees. Intellectual Property created while a creator is associated with the System continues to be subject to the same rights and responsibilities after termination of such association, unless there is a written agreement to the contrary.

 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.9. Ownership, Use and Control of Intellectual Property

IV.D.9.01 Personal Works and Scholarly Work

The System claims no ownership interest in personal or Scholarly Works. The creator of such Works owns and maintains control of rights to the Intellectual Property. Creators of personal or Scholarly Works have the responsibility of securing legal protection for their Works, retain any royalties resulting from their exploitation of the Works, and are responsible for any liability that results from their involvement in creation of the Intellectual Property.

IV.D.9.02 System -Supported Work

A System-supported Work will be owned by the System Board of Trustees, by the creator, or jointly by both.

Work created by a non-faculty employee in the course and scope of employment with the System is owned by the System Board of Trustees, not the creator, except for a Scholarly Work created by a staff employee with researcher or professional job responsibilities.

Work that would normally be considered a Scholarly Work except for the more than incidental use of System resources would usually be considered jointly owned System-supported Work not a Scholarly Work, unless the creator and the System enter into a written agreement confirming different ownership rights. (Scholarly Works that are converted into Electronically Developed Course Materials (EDCM) are discussed in the subsequent section of the policy.)

A Work that would normally be considered a Scholarly Work but was created as part of a Specifically Contracted Assignment or a Sponsored Project is a System-supported and owned Work and not a Scholarly Work, even if such Work is a scholarly, educational, artistic, musical, or literary Work within the creator's field of expertise or study. This may be revised by a later agreement between the System and the creator, although any change to the terms of ownership on a Sponsored Project will require the agreement of the sponsor.

The System shall have the discretion whether to pursue formal legal protection of System-supported Work and to determine the means of commercialization for System-supported Work including exclusive and nonexclusive licensing agreements.

No royalties shall be paid to any creator for the System's use of System-supported Works, except that the Chancellor may develop procedures to permit faculty creators of academic instructional materials, including web-based courses, to be paid by the System for uses of such materials by other instructors on either a per student or per class basis. In exercising its discretion to share royalties, the Board of Trustees may consider whether prior approval for use of System resources was appropriate and, if so, whether such approval was obtained.

IV.D.9.03 Release of System-Supported Work to Creators

A creator of any System-supported Work may request the Work be released to him or her for commercialization or publication. Approval may be granted by the System Board of Trustees, under the "Purchasing and Acquisition" Section of the Board Policy Manual, to release Intellectual Property rights to an employee or to a third party, provided the System is reimbursed for its investment in the Work or benefits from the commercialization are shared with the System.

The Board of Trustees may approve the waiver of its rights of reimbursement from creators of certain forms of System-supported Works:

1. A Work that would normally be considered a Scholarly Work, except for its inclusion in a Specifically Contracted Assignment or Sponsored Project; or
2. A Work that would normally be considered a Scholarly Work except for the more than incidental use of System resources.

In order for these Works to be released to the creator with no obligation to reimburse the System, the Board of Trustees must find that:

1. The creator petitioned the LEO to have the resulting Work or Works released to him or her; and
2. That the request is consistent with the System's commitment to the advancement of education and teaching excellence, service to its community, and publication and distribution of useful and learned material.

IV.D.9.04 Electronically Developed Course Materials

The general terms contained in the preceding sections of this policy apply to academic instructional materials except as provided in this section with regard to Electronically Developed Course Materials (EDCM).

In general, EDCM embody text, graphics, and sound created by the individual directing the course or used by that individual with the permission of the creator. Ownership of the resulting Work varies according to the circumstances. For example:

1. If an owner of a Personal or Scholarly Work independently combines that Work into HTML documents without more than incidental use of System resources, a Personal or Scholarly Work owned by the creator is the result.
2. If an owner of the same Personal or Scholarly Work delivers it to a System employee who combines the Work, for example, with additional expression and linking organization into an HTML document, then the resulting Work is a System-supported Work, jointly owned by the System and the faculty member. The System's ownership interests extend to the EDCM, but not to the underlying Works.

Thus, an instructor's lecture notes, manuscript excerpts, graphs, exam questions, and similar material that constitute Scholarly or Personal Works retain that status despite incorporation into EDCM but the addition of original expression by others within the scope of their employment makes the final product a System-supported Work.

1. A System-supported Work results when the EDCM contain any underlying System-supported Works, regardless of the manner of creation of the EDCM.

If a faculty member received a stipend or release time, the System-Supported Work is owned by the Board of Trustees. However, the faculty member shall be entitled to share equally in the royalties from the commercial licensing and distribution of the Work when net income received by the System exceeds the amounts paid to the faculty member and any direct costs incurred in the commercialization of the EDCM. A faculty member is not required to apply to the System Board to receive royalties. No royalties shall be paid, however, for the System's use of the Work in other EDCM that constitute System-supported Works.

IV.D.9.05 Review and Reconsideration of Decisions

Any employee of the System who is dissatisfied with a decision by the LEO regarding the ownership of intellectual property may petition the Chancellor who shall refer the petition to the Intellectual Property Committee for an appeal of the decision.

The Chancellor shall appoint an Intellectual Property Committee to consider petitions, to consist of at least seven persons, one of whom shall be an administrator, five of whom shall be faculty, and at least one of whom shall have knowledge and experience with the creation of LSC-Online.

Each member of the committee will be trained in matters of the laws of copyright, patent and other intellectual property concerns, as well as the System Policy and any implemented procedures.

The Committee will collect information needed to consider a petition through an informal hearing process. No court rules of evidence shall apply. The General Counsel of the System shall serve as a resource person to the Committee.

The Committee will make its recommendation to the Chancellor and the Chancellor will consider the committee's recommendation prior to determining the resolution of the appeal.

The decision of the Chancellor shall be appealable to the LSCS Board of Trustees under the "Grievances" Section of the Board Policy Manual.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.10. Drugs and Alcohol in the Workplace

IV.D.10.01 Definitions [These definitions apply to this subsection 10]

"In the workplace" means in the facilities or on the grounds of any facility owned or controlled by LSCS, in a college vehicle, or as part of any college activity.

"Proper medical authorization" means a prescription or other written approval from a physician, for the use of a drug in the course of medical treatment.

"Unauthorized drugs" refers to any drug that cannot be obtained legally or has been illegally obtained, including prescription drugs obtained without a prescription, over-the-counter drugs that are not used as instructed, and drugs represented to be illegal.

"Under the influence" or "Impaired" means abnormal behavior in the workplace which results from indulging in alcohol or in any controlled substance or other drug which may limit an employee's ability to safely and efficiently perform his or her duties or poses a threat to the safety of the employee, other employees, the public or property.

"Off-the-job" illegal drug activity or alcohol abuse that has an adverse effect on the employee's performance or that could jeopardize the safety of others, System equipment, or the System's relations with the public, may subject the employee to disciplinary action up to, and including, discharge.

"Reasonable suspicion" means a conclusion based on personal observation of a specific objective instance, or instances, of employee conduct. Observation must be subject to corroboration and documented in writing that an employee is unable to satisfactorily perform his or her job duties due to the use of drugs or alcohol. Such inability to perform may include, but is not limited to, a drop in the employee's performance level or an indication of impaired judgment, reasoning, and level of attention or behavioral change or decreased ability of the senses.

IV.D.10.02 Alcohol and Drug Free Workplace

As part of the commitment to the provision of high quality and effective service to our students, employees, and the public we serve, LSCS strives to provide an alcohol and drug free workplace and learning environment. Toward that end, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or unauthorized drug, or the unauthorized possession and use of alcohol are prohibited in and on property owned and controlled by the System.

IV.D.10.03 Alcoholic Beverages at College System Events and Activities

Unless authorized by Board Policy or by a decision of the Chancellor and Location Executive Officer regarding a special event, employees are not to use, serve, sell, or consume alcoholic beverages on property owned or controlled by LSCS. Wine shall be permitted for special events with the approval of the LEO.

The following guidelines are provided for all LSCS employees:

1. Employees who serve as student or employee organization sponsors are to ensure that any organizational activities conducted on- or off-campus that include alcoholic beverages are conducted in compliance with Texas law, ensuring that:
   1. Minors are not served or sold alcoholic beverages;
   2. Excessive and/or rapid consumption of alcoholic beverages is discouraged; and
   3. Alcoholic beverages are not used as prizes or awards in connection with sponsored events or activities.
2. For reasons of health, productivity, and safety, it is recommended that employees not consume alcohol during the work hours, unless participating in a social function, such as a dinner or a reception.
3. The public display of advertising or promotion of the use of alcoholic beverages in System buildings or any other public campus area is prohibited.
4. Advertising of alcoholic beverages shall not appear in System controlled or affiliated publications, including the System's affiliated websites. However, the Board of Student Publications or other editorial board established pursuant to the Board Policy on Student Publications is not subject to this portion of the policy and may continue to make independent decisions about the advertising for the publication.
5. Advertising of establishments that sell alcohol may appear in various publications of the System, if the advertisements:
   1. exclude brand names, logos, prices, visual images, or verbal phrases that promote or encourage the consumption of alcoholic beverages;
   2. do not encourage any form of alcohol abuse, such as ads that encourage rapid and excessive consumption of alcohol; and
   3. Includes a statement about responsible drinking.

IV.D.10.04 Employee Who Appears to be Under the Influence on the Job

Any employee whose on the job conduct provides a reasonable suspicion that he or she is under the influence of drugs or alcohol may be questioned by his or her supervisor about the influence of drugs or alcohol on his or her conduct. Prior to requiring an employee to leave the campus or taking other disciplinary action when the supervisor has a reasonable suspicion that the employee is under the influence of drugs or alcohol, the supervisor should contact his or her immediate supervisor and Human Resources for consultation.

If the employee admits to being under the influence of drugs or alcohol, or if the effects of authorized drug use, unauthorized drug use, or alcohol consumption poses a threat to the safety of the employee, co-workers or the public, or if the effects are disruptive to the work or learning environment or substantially impact the employee's ability to perform his or her job, the employee may be required to leave the work place. The supervisor imust take reasonable action to avoid the employee from driving himself or herself home.

If the employee denies that he or she is under the influence of drugs or alcohol, yet the conduct provides a reasonable basis to believe that he or she is, the employee may be required by the supervisor, after consultation with an administrator and Human Resources, to report to a designated medical facility for drug or alcohol testing. Refusal to consent to a required medical test and/or a drug or alcohol screening shall constitute a violation of this policy.

An employee may be subject to serious discipline, up to and including discharge of employment, for violation of this policy. An employee with a drug or alcohol problem may, at the System's discretion, be provided an opportunity to complete an appropriate rehabilitation or therapy program at the employee's sole expense, before returning to work or before disciplinary action is imposed.

IV.D.10.05 Report of Conviction for Drug Related Offense

As a further condition of employment, an employee shall notify his or her supervisor of any conviction for a drug related offense no later than five (5) days after such arrest/conviction. Failure to give this notification may result in disciplinary action, up to and including termination.

A supervisor who is so advised by an employee is to seek advice from the Human Resources Department, before acting in response to the information.

Within ten (10) days of receiving notice that an employee engaged in the performance of a federal contract has been convicted for a violation occurring in the workplace, the System shall provide information about the conviction to any federal contracting agency.

Within thirty (30) days of receiving notice from any source of a conviction for any drug statute violation occurring in the workplace, the System shall either (1) take appropriate personnel action against the employee, up to and including discharge of employment; or (2) require the employee to participate satisfactorily in a drug and alcohol abuse assistance or rehabilitation program.

IV.D.10.06 Assistance to Employees

Sick leave, vacation leave and compensatory time may be used during the time that an employee is participating in a rehabilitation program. Leave without pay may be allowed, at the discretion of the System, for those employees who have insufficient sick or vacation leave accrued.

IV.D.10.07 Special Provision

Any police personnel, who are required to be in possession of alcohol or drugs in the course and scope of their employment, will be exempt from the provisions of this policy pertaining to possession of alcohol and/or drugs in the workplace. Specific guidelines will be established by the College Police Department for these special circumstances.

IV.D.10.08 Distribution of Policy

The System shall include the complete drug and alcohol policy in its electronic version of the policy manual.

The System shall distribute a summary of the drug and alcohol policy to employees by posting it in the required reading section of the on-line policy manual, including the policy for all new employees, and sending it by electronic mail.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008

IV.D.11. Use of System Computing Resources

The LSCS Board of Trustees reconfirms its commitment to the free and unfettered exchange of ideas that is the hallmark of an institution of higher education and the rights of the faculty and students to access, debate, disagree and discuss all educational materials without respect to the popularity or controversial nature of the ideas conveyed.

IV.D.11.01 System Property

The System provides computing and network resources for the use of students, employees and others affiliated with the System for educational or System-related activities and to facilitate the efficient exchange of useful information. Affiliation with the System includes all university students, faculty, staff, and administrators associated with or enrolled in programs delivered by partner universities at The University Center. Students, employees and System affiliates are encouraged to use the computers, software packages, electronic mail (e-mail), or System network and software. However, the equipment, software and network capacities provided through the System computer services are and remain the property of the System.

System users are expected to conduct themselves in compliance with all policies of the System and relevant laws of the United States and Texas, and to observe the same high ethical and professional standards when communicating through computing resources as are required in face-to-face or written communications.

IV.D.11.02 E-mail Privileges

Access to the System's network, computer labs, internet and electronic mail is a privilege that is extended to current employees, students and affiliates that are in good standing. The privilege of access ends with the termination of employment or the failure to re-enroll in an LSCS educational program.

IV.D.11.03 Confidentiality

The System cannot guarantee the privacy or confidentiality of electronic documents, and any messages or information that a person believes may be confidential, by law, should not be communicated over the E-mail system.

The System reserves the right to access the E-mail system to engage in routine computer maintenance and housekeeping, to carry out internal investigations, to prepare responses to requests for public information or to disclose messages, data or files to law enforcement authorities, or for any other legitimate purposes of the System.

IV.D.11.04 Records

Messages sent as electronic mail should meet the same standards for distribution, display, and retention as if they were tangible documents or instruments. As with all records maintained by the System, and to the extent required by law, files saved in the System's information system, including E-mail, may be subject to public disclosure in response to a public information request.

IV.D.11.05 Prohibited Use

The following conduct by computer users will be treated as a violation of this policy and may subject the user to discipline, including loss of computing privileges, up to and including termination for an LSCS employee and dismissal for a student.

1. Anonymous or forged e-mail messages.
2. Unauthorized attempts to access another person's e-mail or similar electronic communications or to use another's name, or e-mail address, or to send unauthorized e-mail or similar electronic communications.
3. Use of System e-mail or other network resources for commercial purposes or for personal financial gain.
4. Attempted or actual access to a restricted computing resource without authorization or use for purposes beyond the authorization.
5. The transmission of copyrighted materials without the written permission of the author or creator through System e-mail or other network resources in violation of U.S. copyright law. (See "Copyright and Intellectual Property" Subsections, Section IV. Human Resources, Board Policy Manual).
6. Computing resources used in a manner that disrupts the work or educational environment.
7. Intentional use of System computing resources to store, download, upload, display, print or e-mail computer images that constitute "obscene materials" as defined by Section 43.21 of the Texas Penal Code that are not directly related to or required for a specific educational course or research directly related to an educational program.
8. The display or transmission of messages, images, cartoons or other messages or images that are sexually explicit or that demean a person on the basis of race, ethnicity, gender, national origin, disability, religion or sexual orientation may constitute prohibited harassment. (See Policy Section IV-Human Resources)
9. The uploading or downloading of unauthorized materials to or from any System server.
10. The sharing of an account, password or other authentication device that was provided to permit access to restricted computing resources.
11. Attempted or real access to compromise (or hack) any computing resource.

IV.D.11.06 Overloading of Computer Resources

Nothing in this policy shall prohibit the System or college system operator from intercepting and stopping e-mail messages, other computer programs, or websites, which have the capacity to overload any computer resource.

Discipline may be imposed for intentional overloading of System computer resources.

IV.D.11.07 Procedures

The Chancellor, or designee, shall develop procedures for appropriate implementation of this policy.

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008