2.12 WORKING CONDITIONS
2.12.1 CREATIVE WORKS
All employees of Roanoke College, faculty and administrators, shall conduct their activities on
behalf of the College, including but not limited to any research or writing activities, in such a
fashion so as to meet and comply with all the requirements of the United States copyright laws
and regulations (Title 17, U.S.C.). Copies of the relevant laws and regulations are available in
the library.
As a condition of employment, each employee agrees to accept responsibility for reading and
understanding the applicable requirements of the copyright law and for complying with those
requirements. In the event that a copyright infringement occurs as a result of the acts of an
employee, if the employee is able to demonstrate good faith in compliance with the law, the
employee shall not be required to indemnify the College for any damages, judgments or costs
against the College for the acts of the employee.
If, however, an employee willfully, intentionally, negligently, or without good faith violates the
copyright provisions, the employee shall be solely liable for all losses, damages, judgments, and
costs of whatsoever kind or nature that may be incurred. Should Roanoke College, its officers,
employees or agents be named in any legal or equitable action arising from such wrongful
infringement, the employee agrees to save, hold harmless, and indemnify each of them against
all losses, damages, fees (including attorney fees), or other fees, monetary or otherwise, that
may be incurred as a result of such conduct.
2.12.1.1 INTEREST IN CREATIVE WORKS
It is the policy of Roanoke College not to interfere with the long-standing and traditional rights of
the faculty and staff to write, create, produce or otherwise generate works or products which are
copyrightable, patentable, or of commercial value, on their own initiative. Any such materials
written, created, produced or otherwise generated by a member of the faculty or staff shall
remain the exclusive property of the faculty or staff member, and that person shall have the sole
right of ownership and disposition, unless the materials are written, created, produced or
otherwise generated "for hire."
Materials written, created, produced or otherwise generated "for hire" are defined as inventions,
creations, manuscripts, or other works or things of commercial value which are written, created,
produced or otherwise generated by persons, including but not limited to faculty and staff
members, who are engaged by the College specifically to write, create, produce or otherwise
generate such materials or to conduct the research or other activity which produced anything
included in the material(s); or are released from other College responsibilities in order to write,
create, produce or otherwise generate materials. Works "for hire" are the exclusive property of
the faculty member unless the College, in the process of engaging the faculty member in a work
"for hire," comes to some other agreement with the faculty member.
Copyrightable materials include but are not limited to books, pamphlets, brochures, or other
printed materials; films, video or audio tapes; computer programs or computer-based
instructional materials; musical compositions; and any and all copyrightable materials covered
by the copyright laws of the United States or any foreign government, as amended. Patentable
works include but are not limited to inventions, creations and any and all things patentable
under the patent laws of the United States or any foreign government, as amended. Materials
of commercial value are any materials which the College, in its sole discretion, determines to
have commercial value.
Materials written, created, produced or otherwise generated pursuant to or under the
sponsorship of an outside agency or government and under the auspices of a College grant
shall be subject to the copyright, patent and exploitation terms and conditions of said subject
grant, contract or agreement. If no such terms and conditions are stated, then the materials
produced by the faculty or staff member shall be subject to the terms of this policy.
A faculty or staff member may voluntarily offer or dedicate materials to the College for the
securing of a copyright or patent and/or the subsequent exploitation of the materials under
College aegis. If such an offer or dedication is accepted by the College, the faculty or staff
member shall assign all of his/her rights in and to the materials to the College and shall
thereafter be entitled to receive a mutually agreed to percentage of the net profits, if any,
derived from the commercial exploitation or dissemination of the materials.
When the College has obtained rights of whatsoever kind or nature in copyrightable, patentable,
or commercially valuable materials which have been written, created, produced or otherwise
generated by faculty or staff members, then the terms and conditions of this policy shall be
binding upon all parties in regard to the copyrightable, patentable or commercially valuable
materials until all of the following conditions have been met:
1. The expiration of a minimum of 2 calendar years from the date of assignment;
2. The recovery, by the College, of all expenses and costs attributable to the writing, creation, production, generation and/or exploitation of the materials;
3. The continuation of the employment of the faculty or staff member by the College plus an additional 2 calendar years from the calendar date of cessation of employment;
4. The expiration of the College's copyright, patent or contract rights.
2.12.2 POLICY REVISIONS
Policies pertaining to copyrights and patents may undergo revision in order to adapt to
legislative changes. Such policies shall be reviewed annually by the Faculty Development
Committee, which shall recommend necessary changes to the President of the College. All
faculty and staff shall receive updated information on the changes as they occur.
2.12.3 ETHICAL STANDARDS FOR RESEARCH
The societies/institutions of each discipline that oversee scholarly activities and the
institutions/societies to which scholarly works are presented have established ethical standards.
The members of the Roanoke College community accept the responsibility of adhering to such
ethical standards. Suspected violations should be reported to the Dean of the College, and
violations may be grounds for sanctions. Individuals should consult the pertinent
standards/guidelines in their discipline.
The Faculty recognizes the need for the Faculty Development Committee (FDC) to review
proposed human subject research funded by the committee to insure compliance with
committee guidelines. The guidelines for human subject research listed below include a
procedure for the review of such research proposals by the Faculty Development Committee.
2.12.3.1 HUMAN SUBJECT RESEARCH GUIDELINES
The Institutional Review Board (IRB) will insure that research conducted by Roanoke College
Faculty, staff, or students conforms to the standards established by (a) each particular discipline's specific set of guidelines, as determined by departmental level human subject research panels, and, more broadly by (b) the Commonwealth of Virginia Code. 23-9.2:3.3; 32.1-162.16 – 32.1-162.20 and CFR Title 45, Part 46 (U.S. Department of Health and Human Services policy for Protection of Human Research Subjects). These regulations define “research” as a “systematic investigation designed to develop or contribute to generalizable knowledge,” and a “human subject” as “a living individual about whom an investigator (whether professional or student) conducting research obtains (1) data through intervention or interaction with the individual, or (2) identifiable private information.”
2.12.3.1.1 Procedure for Review of Human Subject Research Proposals
The IRB assumes the responsibility for the review of proposals to do human research for adherence or compliance of their methodology to the requirements of informed consent, humane treatment, and ethical conduct in the research process and report.
2.12.3.1.2
The following categories of research are excluded from IRB review:
Student research, including classroom and independent study projects, that may place the subjects at more than minimal risk is subject to IRB review. Special populations including pregnant women, fetuses, prisoners, mentally disabled, economically or educationally disadvantaged or minors are considered vulnerable research subjects and, all projects involving such subjects must be reviewed by the IRB.
Instructors are responsible for screening individual research projects and making the initial determination as to whether the project may fall in the category of research, thus requiring IRB review. If there is reasonable expectation on the part of the instructor and the student that the study will be funded (regardless of source) and/or published, IRB approval must be obtained.
2.12.3.1.3
The following procedures must be adhered to when conducting human subject research:
1. Approval by a departmental human subject review panel. It is the responsibility of each researcher--and each academic area, department, or discipline--to insure compliance of research proposal protocols to ethical standards of their discipline prior to submission of the proposal to the IRB.
2. Certification of compliance of the proposed research methodology to ethical standards will be attested to by the signature of the chair of the departmental human subject review panel on a suitable place on the cover sheet of the application.
3. Proposals should provide the IRB with a completed and signed Human Subjects Application Form, which includes the following information:
a. summary of the proposed research and methodology;
b. description of the proposed subject population characteristics;
c. permission for access to the subject population, if necessary;
d. explanation of the nature of the participation of the subjects or complete description of the method or procedures to be used with the subjects;
e. a description and the likelihood of any risks, hazards or benefits to the subject as a result of participation;
f. a description of how subjects would be protected from the anticipated risks, if any;
g. a copy of the informed consent form or document to be signed by the subject, and witnessed by the researcher, which should indicate how subjects will be informed as to potential risk hazards or benefits, and how the risks will be managed. The form should have the study's title, the name of the experimenter, with phone number and date. A copy shall be given to the research subject. Forms may be obtained from the IRB or the Dean of the College. The IRB will review this information. If there are difficulties with the proposed research, the primary investigator may be asked to provide further information or to modify the methodology of the study.
2.12.3.2 ETHICAL STANDARDS FOR RESEARCH UTILIZING SENTIENT VERTEBRATES
In the case of research with sentient vertebrates the National Institutes of Health has published
a Guide for Laboratory Animal Facilities and Care (1986) and the Animal Welfare Institute has
published Basic Care of Experimental Animals (1978). These documents are available from the
Dean of the College.
2.12.3.3 HAZARDOUS MATERIALS AND BIOLOGICAL POLICY
Faculty who handle toxic, hazardous, or radioactive substances or biologically hazardous
agents in their research or course teaching are required to maintain, use, and dispose of such
substances and agents in accordance with applicable state, federal and local laws and
regulations. The faculty member may obtain information and assistance regarding his or her
obligations under these laws and regulations from the departments of chemistry, physics, and
biology, as well as from the College's Radioactive Substances Control Officer, Chemical Hygiene Officer, and the Hazard Communication Subcommittee of the Management Council.
2.12.3.4 ETHICAL STANDARDS FOR RESEARCH CONCERNING COMPUTERS AND SOFTWARE
The EDUCOM Software Initiative formulated the following statement of principles about
intellectual property and the legal and ethical use of software. This code states:
Respect for intellectual labor and creativity is vital to academic discourse and
enterprise. This principle 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 reproduced, respect for the
work and personal expression of others is especially critical in computer
environments.
Violations of academic 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.
2.12.3.5 APPROPRIATE USE OF COMPUTER FACILITIES AT ROANOKE COLLEGE
Access to computer systems and networks, including the information placed on or distributed
through these systems and networks, owned or operated by Roanoke College is restricted to
members of the Roanoke College community. Such access imposes certain responsibilities
and obligations on the user and is granted subject to College policies and local, state, and
federal laws. Appropriate use of these facilities is ethical, reflects academic honesty, and shows
restraint in the consumption of shared resources. It demonstrates respect for intellectual
property, ownership of data, system security mechanisms, and individuals' rights to privacy and
to freedom from intimidation, harassment, and unwarranted annoyance.
Generally, the files created by individuals are considered their intellectual property and are
subject to protection from interference. As long as facilities are being used appropriately, the
content of such files should not be subject to coercion or censorship. These principles and the
guidelines that follow apply to anyone who is granted a user id at Roanoke College.
2.12.3.5.1 Guidelines
Resources include, but are not limited to, terminals, micro-computers, workstations, printers,
and other computer systems, CPU time on computers and supporting supplies. In making
appropriate use of resources you must:
a. comply with local, state, and federal laws for materials made available on the Internet;
b. use copyrighted materials only with the prior approval by the copyright holder;
c. use resources only for appropriate purposes, such as, but not limited to, assignments given by instructors, College related work, and communication. Inappropriate use is described in the section below;
d. discontinue your use of the College computer for personal or recreational activities if no other resources are available for others to use for course work or College business. For example, if you are using IRC and the terminal room is full, you should discontinue your use of a terminal so one will be free for students who need to work on class assignments;
e. protect your user id (user account) from unauthorized use. You are responsible for all activities on your user id;
f. access only files and data that are your own, that are publicly available, or to which you have been given authorized access;
g. use only legal versions of copyrighted software in compliance with vendor license requirements;
h. be considerate in your use of shared resources. Refrain from monopolizing systems, overloading networks with excessive data, or wasting computer time, connect time, disk space, printer paper, manuals, or other resources.
i. In making appropriate use of resources you must NOT:
1. violate any laws;
2. use another person's user id and password without written permission;
3. use computer programs to decode passwords or access control information;
4. attempt to circumvent or subvert system security measures;
5. engage in any activity that might be harmful to computers or to any information stored thereon, such as creating or propagating viruses, disrupting services, or damaging files;
6. use College systems for advertising or solicitation for groups or activities not sanctioned by the College;
7. make or use illegal copies of copyrighted software or information, store such items on College systems, or transmit them over College networks;
8. use College resources to harass, intimidate, or otherwise annoy another person;
9. waste computing resources, for example, by intentionally placing a program in an endless loop or by printing excessive amounts of paper;
10. use the College's systems for personal gain in a manner not authorized by the College, for example, by selling access to your user id or by performing unauthorized work for profit;
11. engage in any other activity that does not comply with the General Principles presented above.
2.12.3.5.2 Enforcement
The College considers any violation of appropriate use principles or guidelines to be a serious
offense. The Director of Information Technology, after consultation with the Dean of the College, may personally copy and examine and remove any files or information resident on College systems allegedly related to inappropriate use. Offenders found in violation of these principles or guidelines may have some or all of their computer usage privileges suspended temporarily or permanently by the Director of Information Technology. Violators are also subject to disciplinary action or other sanctions as prescribed in the Student Handbook, the Academic Integrity Handbook, the Faculty Handbook, or the Administrative Staff Handbook.
Offenders may also be subject to prosecution under laws including (but not limited to) the
Privacy Protection Act of 1974, The Computer Fraud and Abuse Act of 1986, The Computer
Virus Eradication Act of 1989, Interstate Transportation of Stolen Property, The Virginia
Computer Crimes Act, and the Electronic Communications Privacy Act, and the
Telecommunications Act of 1996. In these cases, evidence will be collected after the issuance
of a warrant for probable cause.
2.12.3.5.3 Student Privacy and Access Policies
The following policy statement addresses the issue of privacy and access to Roanoke College’s Information Technology (IT) systems. This policy does not supplant any intellectual property laws or policies in effect. Roanoke College places a high degree of value on privacy and recognizes its importance in an academic setting. Roanoke College’s IT policy establishes privacy of messages that the user receives and files created on college computers, whether they are centrally located servers, desktop PCs, or laptops. In addition, Roanoke College will not generally monitor computer usage. However, there are circumstances in which the value of the user’s expectation of privacy may be outweighed by other considerations that warrant Roanoke College’s access to relevant computer systems without the consent of the user. Roanoke College access without any prior user consent will occur only with the approval of the Dean of the College and the Director of Information Technology except in emergencies when access is deemed necessary to preserve the integrity of facilities or to preserve public health and safety. All instances of access without any prior user consent and/or emergency entry will be recorded (logged) by Information Technology (IT) staff.
Conditions that warrant access by staff or other authorized personnel beyond routine operations (such as backups and virus scans) without any prior user consent include the following:
1. In the case of computer or other Information Technology system problems (hardware and/or software failures or attacks by apparently malicious users), the College’s IT staff are authorized to examine any information or files necessary to solve the problem and preserve the integrity of the systems and the information they contain.
2. When required by federal, state, or local law or administrative rules (for example. subpoenas by the court system). The college is compelled to provide or otherwise release e-mail records and/or other electronic information.
3. When there are reasonable grounds to believe that a violation of law or significant breach of Roanoke College policy may have taken place. Access and inspection or monitoring may occur to determine if there is evidence related to the possible misconduct.
4. When information stored in IT systems is required to carry out essential business functions of the College and permission to obtain that information cannot be obtained in a sufficiently timely fashion or at all. Access to that information may be provided by IT staff to appropriate officials of the college.
5. Access without any prior user consent may also occur when it is deemed necessary in order to preserve public health and safety.
The College respects the privacy of users’ e-mail messages and other computer files. Under ordinary circumstances, e-mail messages become the possession of the sender and receiver, However, there are certain situations in which e-mail may be examined by IT staff. For example, this may occur if the e-mail has been misdirected. As previously mentioned, the courts have also ruled that e-mail records and information in electronic form on the computer can be subpoenaed in some cases. Under these circumstances a user’s privacy cannot be guaranteed.
Computer files and other electronic records that you create or download (with or without modification) from the College’s computer systems that are in any way related to the ongoing operations of the College are ultimately the possession of the College. As such, these files and records may be examined under the circumstances mentioned above, and they must be surrendered if requested by the Director of IS or the IS staff.
A user may give permission to others to see and use your electronic files as long as generally accepted security practices are followed. However, users may not allow anyone else to use their RC computing ID (username) or passwords in order to view or otherwise access this information.
The College reserves the right to limit the space provided to its employees and students for the storage of e-mail and other computer files. It also reserves the right to delete e-mail messages and other files should space limitations be judged critical.
The College owns all of the central computers, the computer labs, and microcomputing sites, the computers it places on its employees and/or student’s desks or otherwise provides for their use (e.g., laptop computers), and all the software that has been purchased with college funds regardless of how it was installed. The College determines who may use these resources and how they may use them.
The College owns all the network (e.g., wires, cables, and routers) that connect the central computers (servers), computer labs, microcomputer sites, and other computers to each other. The College will determine who is authorized to use its network.
All employees and students are responsible for knowledge of this policy and understand that use of the College’s computers will be deemed knowledge and acceptance of this policy. Note that all College policies regarding EEO and harassment are applicable. The computers should not be used for improper purposes. Any employee or student that becomes aware of improper computer use should report the matter just as they would report any other problem or complaint.