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MCCFA Employment Contract 1999-2001Article 20 - Miscellaneous Rights of Faculty MembersSection 1. Teaching Materials.All teaching materials to be purchased by students shall be selected by the faculty member. However, teaching materials authored by a faculty member of the state's education systems including the University of Minnesota may be used as a required course material only upon receipt of written approval from the dean to whom the faculty member, making such requests, reports. This requirement applies only to materials that would result in a profit for the faculty member. Section 2. Citizenship.Faculty members shall be entitled to full rights of citizenship and no outside religious or political activities of any faculty member or the lack thereof, shall be the grounds for any discipline or discrimination with respect to the professional employment of such faculty member. Section 3. Academic Freedom.The Employer shall maintain and encourage full freedom, within the law, of inquiry, teaching and research. Each faculty member shall have the right to teach in an atmosphere of free intellectual inquiry and shall not be subjected to restraints or harassment which would impair teaching. In the exercise of academic freedom, the faculty member may, without limitation, discuss own subject in the classroom. The faculty member may not, however, claim as right the privilege of persistently discussing in the classroom any matter which has no relation to the course subject. There is an obligation to respect the dignity of others, to acknowledge their right to express differing opinions and to foster and defend intellectual honesty, freedom of inquiry and instruction. A faculty member must follow course outlines as developed by and with colleagues in the department(s). The faculty member shall have the right to freely discuss the faculty member's subject in teaching, to choose teaching methods consistent with available resources, to evaluate student performance, to select library and other educational materials consistent with available resources, and to research and publish. The faculty member is entitled to freedom in research and in the publication of the results, subject to adequate performance of other academic duties. When a faculty member speaks, writes or endorses products or candidates as a citizen, s/he is obligated to make certain that such endorsements or statements imply no endorsement by the college. Section 4. Patents and Intellectual Property Rights.Subd. 1. Faculty Ownership.A faculty member shall be entitled to complete ownership and control of any patentable discoveries or inventions, or of intellectual property and copyrighted material, except where the faculty members normal workload was reduced for purposes of the development project, where the college has provided substantial support for or involvement in the project, or where the inventions or discoveries are produced as a result of agreements or contracts between the college and external sponsors. Subd. 2. Shared Ownership.Ownership of intellectual property, or copyrighted material, or of patentable discoveries or inventions, shall be shared by the faculty member and the college in an equitable ratio if the intellectual property, or the discoveries or invention, are produced under one (1) or more of the following circumstances:
Whenever possible, an equitable ratio of ownership shall be established in advance and incorporated into an agreement between the college and the faculty member. Fees involved in copyright and patent application shall be shared on the basis of the equitable ratio of ownership established above. Subd. 3. Faculty Logs.A faculty member engaged in research which may lead to patentable or non-patentable inventions or discoveries, or intellectual property, shall maintain a log which includes dates and hours worked on the project, activities engaged in, and college facilities and resources involved. Section 5. Faculty Member Work Rules.Each faculty member shall be given a copy of the Employer work rules and regulations. Each rule or regulation shall include its effective date, cite its origin, and be presented in a uniform format and numbering system as prescribed by the chancellor. Such format and numbering system shall include only rules and regulations affecting terms and conditions of employment. Each new or changed rule or regulation shall be distributed to faculty members upon adoption, with a notation as to the rule or regulation it replaces or changes. Faculty members shall not be held accountable for such rules and regulations until distribution to the faculty members has been made. Section 6. Confidentiality.Faculty members will not be required to disclose confidential information obtained by them regarding students. Section 7. Check Distribution.Faculty member's may elect to have their paycheck electronically deposited to their banking institution or shall have their paychecks directly mailed to their home address. Faculty members who decline to elect direct electronic deposit, must complete a waiver form provided by the Employer. Section 8. Personnel Actions.The parties mutually agree to respect the confidentiality of personnel actions involving faculty members, except to the extent that federal or state law requires disclosure of personnel data. Section 9. Paraprofessional Supervision.When paraprofessionals in instructional, media, and student service programs
are under supervision of a faculty member, the responsibilities of the
paraprofessional will be assigned by the faculty member. When the faculty
member is not on duty, a paraprofessional shall report to the employee
outside of the bargaining unit to whom the faculty member reports. Faculty
members shall have the option to participate in the interview and selection
of paraprofessionals to be added to the staff and assigned to them. Faculty
input for the evaluation of paraprofessionals under their supervision
shall be advisory to the administration.
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