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DISTANCE EDUCATION TERMS IN FACULTY COLLECTIVE BARGAINING AGREEMENTS Presented by Stephanie Delaney, JD, PhD

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Page 1: Dla presentation june_2010_final

DISTANCE EDUCATION TERMS IN

FACULTY COLLECTIVE BARGAINING AGREEMENTS

Presented by

Stephanie Delaney, JD, PhD

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Problem Context

Much more use of distance learning in a relatively short period of time

Additional burdens on community college faculty

Regularly changing contracts

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Purpose Statement

Identify and analyze the distance education terms typically found in the collective bargaining agreements at community colleges.

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Review of the Literature

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Advantages of DE

Flexibility Convenience Accessibility Improved

pedagogy

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Disadvantages of DE

Takes more time Inappropriate for

students who don’t read well

Perception of increased workload

Quality concerns

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Workload Technology does not

replace faculty work, it layers on top of it

Greater time spent engaging with students

Greater preparation time

Blurred line between work and life

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Faculty Incentives & disincentives

Improved opportunity to reach students

Improved teaching

Pats on the back Teaching as

reward in itself

Inadequate financial compensation

Lack of rewards Concerns about

displacement workload

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Institutional Support

Technical delivery of courses Train faculty to use technology

Ongoing Professional development funds

Insure quality of courses Student services for remote students

Library Advising Access to campus community

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Collective Bargaining Agreements Collective

bargaining Agreements

Authorized in 35 states

Include “wages, hours, and other terms and conditions of employment”

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Method for Qualitative Descriptive Method

obtain information about the current status of phenomena

seeks to organize large amounts of data and to answer the basic questions of who, what, when, where, and how

Content Analysis to analyze data

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Results

130 agreements 31 Terms Emerged Most numerous

Compensation Intellectual

property Definitions Load

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Policy Analysis Framework

Planning guidance for distance education policy makers

Helps to see gaps in coverage Revealed lack of terms regarding

students

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Policy Analysis FrameworkPolicy Area

Key Issues Contract Term Categories

Academic Calendar, Course integrity, Transferability, Transcripts, Student/Course evaluation, Admission standards, Curriculum/Course approval, Accreditation, Class cancellations, Course/Program/Degree availability, Recruiting/Marketing

Class Size, Scheduling, Right of Refusal, Office Hours, Evaluation, Competency, Quality

Governance/Admin/Fiscal

Tuition rate, Technology fee, FTE’s, Administration cost, State fiscal regulations, Tuition disbursement, Space, Single versus multiple board oversight, Staffing

Committee, Definition, Process, Displacement, Priority

Faculty Compensation and workload, Development incentives, Faculty training, Congruence with existing union contracts, Class monitoring, Faculty support, Faculty evaluation

Compensation, Training, Equivalency, Use of Recordings, Load, Mentoring, Update, Release Time

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Policy Analysis Framework (cont)

Policy Area

Key Issues Contract Term Categories

Legal Intellectual property, Faculty, Student and institutional liability

Intellectual Property, Sales, Contract Review

Technical Systems reliability, Connectivity/access, Hardware/software, Setup concerns, Infrastructure, Technical support (staffing), Scheduling, Costs

Technology, Technology Support, Technology Compensation

Cultural Adoption of innovations, Acceptance of on-line/distance teaching, Understanding of distance education (what works at a distance), Organizational values

Voluntary, Privacy, Professional Responsibility, Purpose

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Academic

Class Size Scheduling Evaluation

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Class Size

Number of students in a course Generally limits 55 instances Mandatory in CA, specifically mentioned

in IL

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Class SizeSchool/Year Language

Green River Community College, 2009

b. Class Size: Class size shall be determined in the same manner as traditional classes offered by the college.

Broome Community College, 2008

Enrollment - The minimum enrollment required to offer an Internet-based course is eight (8) students for the first time a department offers a course and twelve (12) students thereafter. Faculty members having prior experience teaching Internet-based courses may allow students to enroll as part of an existing on-campus course section but take the course in Internet-based mode. Faculty members must agree in advance to participate in this type of instruction. The intent is to increase student access to college coursework.

Edmonds Community College, 2007

With the recommended approval of the Curriculum Committee, the minimum and maximum enrollment standards for a distance learning course may vary from the traditional course depending on the course design, technical instructional assistance, and the amount of instructor/student contact needed to achieve course goals.

AAUP Recommendation

Enrollment. Determination of class size for a distance education class should be based on pedagogical considerations. Large sections should be compensated by additional credit in load assignment in the same manner as traditional classes. (AAUP, n.d. b)

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Process

How distance education takes place 127 instances Widely varied, multiple terms in

contracts Also appropriate for policy

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Scheduling

How distance learning courses scheduled 20 instances Insurance for faculty

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Evaluation

Evaluating teaching 19 instances Mandatory in CA & IA Trouble with evaluations that are “the

same” as f2f

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Right of Refusal

Offered first chance to teach course 24 instances Insurance for faculty

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Office Hours / Time on Campus How faculty spend professional time 24 instances Recommendation: Treat distance and

traditional faculty the same

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Quality / Assessment

Quality of distance learning courses 20 instances Struggle for many institutitons

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Governance

Definition Process Displacement

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Definition

Clarifies what is meant by distance education

67 instances Terms changing over time

eLearning in WA

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DefinitionSchool/Year Language

Blue Mountain Community College, 2010

A. DEFINITION: Distance learning is defined as a formal educational process in which the majority of the instruction occurs when student and instructor are not in the same place. Instruction may be synchronous or asynchronous. Distance learning may employ, but is not limited to, correspondence study, audio, video, or electronically mediated technologies. Developing distance learning courses is a process of choosing technologies coupled with distance teaching and learning techniques that are appropriate both for the content of the course and needs of the student.

Pierce College, 2008

2. An Online Course is defined as a DLC with materials presented primarily online and accessible via the internet, including, but is not limited to, a system of web pages creating a virtual classroom, threaded discussion, listserves, or some proprietary courseware systems.

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Displacement

Prevents distance learning courses from replacing traditional courses

38 instances Expect changes in the future

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Committee

Explanations of distance education committees

23 instances Part of shared governance

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Priority

Who gets priority in assignment Union Full time Course developer

9 instances Similar to 1st refusal

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Faculty

Compensation Training Load

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Compensation

School/Year Language

Brookdale Community College, 2007

8.9 Curriculum development is to be included as part of faculty responsibility except for program/course development including distance learning courses (as defined in Article 25.1), program/course overhaul of a major nature, and new courses.

Compensation for new courses or major overhauls including Distance learning shall be determined by petition to the Executive Vice President and determined by her in consultation with the Division Chair, Director or other appropriate supervisor or as the Executive Vice President deems necessary. This decision shall not be grievable or arbitrable. (The form shall be placed as an appendix to the Agreement.)

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Compensation (cont)

School/Year Language

North Orange Community College, 2008

15.2.2 At the discretion of the District and subject to staff development funding availability, Unit Members may be eligible for compensation, on a one-time basis, for completion of approved course work and training in the pedagogy and technology of online teaching, which may include the development of an online course as an integral component of such course work or training. Except as provided in this section, no form of remuneration shall be awarded to a Unit Member in conjunction with the development of any distance education course.

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Compensation (cont)School/Year Language

Tomkins Cortland Community College, 2008

18.4 Compensation (a) The compensation for developing on-line course methodology for a course never before offered on-line will be $2320 for a three-credit course the first time a faculty member does so and $1740 every time thereafter, effective September 1, 2003. These figures will be prorated for courses that are other than three credits. These figures will increase in subsequent years by the same percentage as the range movement of faculty salaries.

Instructors of synchronous classroom-based sections shall receive an additional one-time payment of a $200 production fee (pro-rated for course of other than three (3) hours of credit) for the instructor’s time to meet with the media staff and for the added complexity of television teaching.

(b1) On a cycle to be determined by the College, master course templates for each on-line course will be revised, with the faculty member compensated at a rate of $580 per three-credit course (prorated for courses other than three credits), effective September 1, 2003. This figure will increase in subsequent years by the same percentage as the range movement of faculty salaries.

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Compensation

Mandatory term 113 instances reflects belief that teaching distance

education courses is beyond “other duties as assigned”

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Training

Requires faculty have access to training opportunities

38 instances Controversial if mandatory

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Load

Teaching load 54 instances Implications of entire load online

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Release Time

Time to prepare for or teach distance learning course

24 instances Important motivator for faculty

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Use of Recordings

How recordings used 20 instances Meaning changing over time

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Update

Compensation for updating course 10 instances Recommendation: treat courses the

same

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Mentoring

Compensation for assisting others 5 instances Key way faculty learn distance learning

pedagogy

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Legal

Intellectual Property

Sales Contract Review

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Intellectual Property

Copyright, ownership, sale 84 instances Subject of AAUP guidance document

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Intellectual Property (cont)

School/Year Language

Camden County College, 2006 8. For the purpose of this section the generic components of a distance learning course is understood to mean the platform, courseware, shell or course management system. The intellectual property of a distance learning course is understood to mean the section specific content of the distance learning course that is created solely by the faculty member. Intellectual property does not include content or material that was not created solely by the faculty member, but was incorporated from other sources. All intellectual property of a distance learning course shall be considered to be unique and exclusive property of the faculty member. In the event, a faculty member chooses to contract away his/her exclusive right to his/her intellectual property of a distance learning course, the College shall have the right of first refusal. The generic components of a distance learning course shall be the exclusive property of the College.

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Intellectual Property (cont)

School/Year Language

AAUP Recommendation Intellectual Property, Ownership of MaterialsThe materials created by faculty members for distance education courses should be treated in exactly the same fashion as materials created by faculty members for traditional courses. (AAUP, n.d. b)

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Sales

Specifics on ability to sell course 14 instances Clarifies ownership issues

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Contract Review

Reopener for distance education sections of agreement

17 instances

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Technical

Technology Tech Support Tech

compensation

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Tech Support

School/Year Language

Centralia Community College, 2008

Section 6. Support.

A. Technical support necessary for class delivery will be provided by the College.

B. The College will make every effort to provide access to equipment necessary for effective delivery of distance education.

C. If a distance education instructor travels to a site, the College will compensate for travel in accordance with state policies.

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Tech Support

School/Year Language

Community Colleges of Spokane, 2008

Section 1. Support for Distance Education

CCS and AHE recognize that distance education may require additional technological support, training, and development. To ensure educational quality, faculty and administration that engage in distance education shall mutually agree on the necessary support services, technology, development release/funding, and training to ensure educational quality. In addition, faculty engaged in online instruction should expect appropriate, ongoing, technical support. Available support resources will be identified and communicated to faculty by college administration.

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Tech Support (cont)

School/Year Language

Peninsula College, 2009 15.1.1 The College will provide both the training and technical support necessary for academic employee to teach distance learning mediated curricula.

15.1.1 Academic employees are not responsible for providing technical support to students or for equipment used by students.

15.1.1 The college will adopt a course management platform(s) and will provide technical support to academic employee teaching Web-mediated classes using the approved platform(s). Other platforms may not be eligible for technical support.

AAUP Recommendation The institution shall ensure that the necessary technology and equipment is identified and in place, that the institution shall provide appropriate training for faculty members, and that the institution shall ensure that faculty members have access to adequate technical support personnel” (AAUP, n.d. b).

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Technology

Hardware and software provided by institution

13 instances Often in policy rather than agreement

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Cultural

Voluntary Professional

Responsibility Privacy

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Professional Responsibility

School/Year Language

Blue Mountain Community College 2010

. . . Faculty have the responsibility to explore and to develop creative options for instructional delivery and to plan programs and curricula that are flexible and responsive to the needs of all students.

Community Colleges of Spokane 2008

c. Accessibility to Students and Professional Responsibilities: In Distance Learning Courses which employ computer or telephone interactivity, faculty members shall be able to conduct a proportionate part of their office hours via email, telephone, or equivalent one-on-one alternatives. Faculty members who telecommute must meet other professional responsibilities on campus as necessary.

Green River Community College 2009

f. Incremental Improvements: It is recognized that instructors will continuously strive to improve courses by making continuous minor modifications as the course is offered, evaluated, and student progress is assessed. Such incremental improvement may increase the instructor’s equity in the course, provided that prior discussion and agreement as to the nature of the improvements and the increased equity in the course have been established in writing and by mutual agreement prior to undertaking such improvements.

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Voluntary

Faculty can’t be forced to teach online 39 instances Colleges studied more stringent than

AAUP

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Technology Support

How faculty can expect to be supported 31 instances Important to keeping workload

manageable

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Intent / Purpose

Reason for distance learning 20 instances Explanations include:

Improve teaching Expanding opportunity Not replacing faculty

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Equivalency

Distance education course equivalent to traditional course

18 instances May negate need for specific DE terms in

agreement

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Security / Privacy

Expectation of electronic privacy 8 instances Generally no expectation of privacy,

negotiated raised level

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Technology Compensation

Pay for individual technology expenses 7 instances Changing with cheaper technology

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Competency

Require faculty to be competent 5 terms Few methods for judging competency

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Materials

Which materials included in distance education course

Subtopic of definition 4 instances Usually addressed in policy or not

addressed at all

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Professional Responsibility

Generally covered time on campus Subtopic of office hours 3 instances “terms and conditions of employment” -

mandatory

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Explanation of Findings

More terms out there than commonly thought

Helpful to compare and contrast

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Recommendations

Track changes over time Impact of terms on faculty participation Compare different kinds of institutions

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Questions?