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Model Clause on Courses Delivered at a Distance

1
Courses delivered at a distance in whole or in part include instructional activities such as courses, sections of courses, or bibliographic instruction which:

(a)    are taught by correspondence, by teleconferencing or at off-campus locations; and/or
(b)    are broadcast, televised, recorded, videotaped or offered through the Internet.

2
Courses delivered at a distance shall not be assigned by the employer without the member’s consent, and there shall be no penalty for refusal. When a member agrees to teach such a course, it shall constitute part of the member’s normal workload or overload teaching assignment in accordance with Article X (workload).

3
Members assigned to teach courses delivered at a distance shall be provided with all technological and human resources that the member reasonably believes are required to develop and to conduct the course.  Members shall be provided with proper training in the use of any required technology. Such resources shall be considered as falling within the categories of resources normally provided to members in the course of their duties.  Furthermore, members shall be notified of the resources available to them, and any travel requirements associated with the course, before their consent to teach it is obtained.  All expenses arising from the fulfilment of such duties shall be reimbursed by the employer. Additional work caused by travel will be a factor in the member’s assigned workload and compensated according to the terms of this agreement.

4
When a member has been assigned or appointed to teach a course, they shall not be required to change the course to an alternate mode of delivery during the period of the assignment or appointment.

5
The introduction and use of courses delivered at a distance shall be subject to the normal processes of collegial decision-making and academic planning and governance.

6
The employer shall not offer a course delivered at a distance or imported onto campus for academic credit or non-credit, either in whole or in part, unless the course was created by a member and a member has been assigned to teach the course.

7
For the creation of a course delivered at a distance the member’s workload shall be credited at twice the value of the course.

8
Courses delivered at a distance shall be recorded or stored only with the permission of the member assigned to the course.

9
Members who create courses delivered at a distance which involve the broadcast, transmission, retransmission, publication, recording, or storage of the contents of the course as delivered shall retain copyright under Article Y (copyright) regardless of the medium used to broadcast, transmit, retransmit, publish, record or store the course.

10
The employer shall not use copyrighted courses described in this article, either in whole or in part, without the consent of the copyright holder and the academic staff association.

11
As the holder of the copyright of the course, a member, as the creator of the work, shall have the right of first refusal to teach the course, and shall retain the exclusive right to revise, rework, or amend any work which, in the opinion of the copyright holder requires such an update.  No other changes may be made without the written consent of the copyright holder. The employer shall carry out any such changes the copyright holder deems necessary.

12
The weighting of courses delivered at a distance shall be no less than the value assigned to standard delivery courses, and any provisions made for those courses (e.g. teaching assistants, enrollment limits) shall also apply. Factors arising specifically from the logistical demands of courses delivered at a distance shall be treated as factors affecting the weighting in a member’s workload assignment, in a manner consistent with the (model clause/article) on workload. Where the workload for a course delivered at a distance is demonstrably greater than for a standard delivery course, its weighting shall be adjusted accordingly.

13
No member shall be redeployed, reassigned, laid off, or be declared redundant as the result of the use of instructional technology.