19.1 Americans with Disabilities Act (ADA)
Adventist University of Health Sciences has accommodated and will continue to reasonably accommodate, employ, and promote qualified individuals with disabilities under the same guidelines and policies as other applicants and employees.
19.2 Children on Campus Policy
The University requests that faculty and staff not bring their minor children on campus except under the following conditions:
• The employee is going to be on campus for a brief period of time.
• The University has an event to which children are invited.
Exceptions to this policy must be approved by the Vice President responsible for that employee’s department.
Children on campus must be under the direct supervision of the parent.
19.3 Communicable Disease Policy
It is the policy of the Adventist University of Health Sciences (ADU) to identify and notify in a timely manner, individuals who may have been exposed to a communicable disease at ADU, Florida Hospital campuses, Denver, or affiliated clinical sites. An exposure is defined as the sharing of air or contact with a person known to have a communicable disease readily spread by casual contact including, but not limited to, chicken pox, H1N1 virus, tuberculosis, etc.
All incoming employees should bring current immunizations records to their health clearance appointment. The immunizations/screenings required for employment at the University include: Measles-Mumps-Rubella (MMR), Tetanus-Diphtheria, Varicella (Chicken Pox) titer or vaccine. Individuals who do not comply with the immunization requirements will not be offered employment.
All employees working in a clinical environment must have the tuberculosis screening and the mask fit test. The required tuberculosis screening test is the Quantiferon or the PPD test. A chest x-ray is necessary when a person has had a positive result. Employees must present annual verification of tuberculosis screening to their supervisor by their anniversary date. An employee who has tested positive will complete the Health Review form in the subsequent years.
In addition to the annual tuberculosis screening, the Hepatitis B vaccination is strongly recommended for employees involved in a clinical setting. Any employee who does not wish to take the hepatitis B vaccination is required to sign a declination statement stating they decline the vaccine, but understand they may return to Centra Care at any time for the vaccine.
Hepatitis Declination: I understand that due to the occupational exposure to blood or other potentially infectious materials, I may be at risk of acquiring Hepatitis B virus (HBV) infection. However, I decline Hepatitis B vaccination at this time. I understand that by declining or not completing the series of this vaccine, I may be at risk for acquiring Hepatitis B. I understand that I may return to Centra Care at any time for the vaccine.*
Employees with a communicable disease are encouraged to isolate themselves during the infectious period of the illness.
University employees are subject to Florida Hospital employment policies. See FH policy 815.033-1 and FH 815.036-1 for further details. Requirements for the immunizations and screenings are based on the guidelines set by the Centers for Disease Control and Prevention (CDC). Employees with questions may refer to the CDC website at http://www.cdc.gov.
ADU will not disclose the identity of any employee who has a communicable disease, except when authorized by law.
*If the Hepatitis B vaccine is declined, a signed copy of this form should be returned to the Department Chair or Supervisor and one copy kept by the employee.
19.4 Editorial Policy
To ensure the quality of its documents and publications, ADU requires that all written materials produced for publication or for distribution under the University logo must adhere to the policies stated in the ADU Style Guide. The ADU Style Guide can be found under the marketing section of my.adu.edu. All written material for publication in both electronic and print media, under the University logo, must be submitted for approval to Marketing.
- Each department of the University will select an individual with writing skills from within that department to provide initial editorial help with its publication/documents.
- Promotional materials, admission letters, etc., should be forwarded to the relevant department Chair.
- The edited materials are then submitted to the Marketing office for review and final editing.
- If the University logo or crest is used, approval from Marketing must be obtained (visit the ADU Brand Style Guide).
19.5 Dress and Appearance Policy
These guidelines outline the attire to be worn by individuals in business and administrative offices and in other areas identified in departmental policies. These guidelines have been designed to assist you in making appropriate and professional choices regarding your attire for work. Although they are fairly comprehensive, they may not address all of the questions you may have. If you need clarification, please check with your supervisor who will have final interpretation as far as your position and work environment are concerned.
ADU requires all employees to follow the dress code guidelines as outlined below. An employee who fails to follow this standard should expect to be requested by his or her supervisor to correct any inconsistencies. It is the responsibility of department directors to counsel with employees whose appearance does not meet the professional standard outlined in this policy.
Tailored shirt (i.e. button front with collar) with long or short sleeves, sweaters, golf-type polo knit shirts with collar, suit jackets, or sport jackets.
Tailored slacks, cotton twill (khaki) slacks, which are similar to Dockers and other makers of cotton or synthetic material pants, wool pants and flannel pants.
Dress shoes, oxfords, loafers, boots (when covered by pant leg).
Dresses, skirts, skirts with jackets, dressy two-piece knit suits or sets. Dress and skirt length should reach at least one inch above the knee while sitting or standing. Easy care synthetics or combinations of natural fibers and synthetics that look like cotton, silk, linen, or fine wool in woven or knit non-cling fabrics. Tailored slacks or skirt, cotton twill (khaki) slacks, that are similar to Dockers and other makers of cotton or synthetic material pants, wool pants, flannel pants, and dressy capris are acceptable.
Dress shoes, dressy sandals, boots (when covered by pant leg or skirt hem).
Unacceptable attire - Men and Ladies:
Inappropriate slacks or pants include any that are too informal. This includes jeans, sweatpants, exercise pants, cargo pants, Bermuda shorts, short shorts, shorts, bib overalls, leggings, and any spandex or other form-fitting pants such as people wear for exercise or biking.
Mini-skirts, skorts, sun dresses, beach dresses, spaghetti-strap dresses, tank tops, and midriff tops. Clothing that reveals too much cleavage, halter-tops, tops with bare shoulders or plunging necklines, and dresses made of any fabric that clings are not acceptable.
Clothing that reveals your back, your chest, your stomach or your undergarment is not appropriate for a place of business.
Shirts with potentially offensive words, terms, logos, pictures, cartoons, or slogans; sweatshirts and t-shirts unless worn under another blouse, shirt, jacket, or dress.
Athletic shoes, tennis shoes, flip-flops, slippers, casual sandals.
Jewelry may be worn in moderation. Jewelry that is consistent with a professional appearance should be simple and stylish. Oversized or gaudy jewelry is not work appropriate.
Female employees only may wear earrings but are limited to one earring per ear and must be worn in the lower lobe of the ear. Earrings should be small and conservative.
Slogan pins, buttons, decals, and visible body piercings or tattoos are not permitted.
Men and Ladies
Hair is to be neat and clean; extremes in style or color are not permitted.
19.6 Faculty and Staff Drug and Alcohol Policy
Adventist University is committed to providing a working environment that is focused on employee success and safety. Adventist University believes that the use of alcohol is counterproductive to a successful and safe environment. Therefore, the possession, use, or being under the influence of alcoholic products on any Adventist University property or during any University event is strictly prohibited. Failure to abide by the stated policy will result in disciplinary actions.
Illicit Drugs Defined
Illegal drugs include such substances as opium derivatives, hallucinogens (e.g., marijuana, mescaline, peyote, LSD, psilocybin), cocaine, amphetamines, ecstasy, ketamine, codeine, heroin, morphine, and other drugs prohibited by law. This definition does not include lawfully prescribed drugs that are being taken under a physician’s care.
Legally Obtained Substances
The use or misuse of any legally obtained substance to render oneself intoxicated or in a state of euphoria is strictly prohibited. Employees found under the influence, using, manufacturing, or distributing said substances for this purpose, will face disciplinary actions up to and including permanent dismissal.
Legally obtained substances are defined as natural or manufactured substances that can be obtained legally and without a prescription and when misused will render the users intoxicated. Examples are: over-the-counter medicines, bath salts, synthetic drugs, aerosols, and cocktails of natural plants.
Adventist University of Health Sciences (ADU) is committed to the principles of health and healing. Tobacco-related illnesses are a major cause of preventable disease and death. Because of this, Adventist University of Health Sciences is a tobacco-free environment. The use of tobacco in any form on the University campus or during any school-sponsored activity or event is prohibited; this includes the use of electronic cigarettes.
Adventist University of Health Sciences is committed to providing a drug-free working environment. The manufacture, distribution, possession, or use of illegal drugs and drug paraphernalia is strictly prohibited. In addition, the intentional misuse of prescription drugs is considered an infraction of this drug and alcohol policy. By working at ADU, all employees agree to submit to random drug testing. In addition, Adventist University employees and their possessions are subject to search and surveillance at all times while on University property.
All employees working at ADU are expected to remain drug free. If at any time University administration has reasonable suspicion or evidence of drug use by an employee, he or she may require that a drug and alcohol screening be performed on the employee. All random drug tests requested by ADU will be performed at a Florida Hospital Centra Care at a location and time determined by Adventist University. Refusal to submit to a drug and/or alcohol test is presumed to be a positive result, and the refusal will be handled in the same manner as any other positive test results.
While Adventist University of Health Sciences reserves the right to require an employee to submit to a drug test for any reason, the two main reasons for drug testing are found below:
1) Suspicion or evidence of drug use by an employee.
2) Required drug testing for the clinical environment.
Cost of Drug Screening
Cost of drug screening will be paid by Adventist University.
Any employee violation of the drug and alcohol policy is grounds for immediate termination of employment. However, the sale, distribution, or manufacturing of drugs will result in immediate and permanent termination of employment.
Health Risks Associated with Substance Use and Abuse
The health risks associated with the inappropriate use of drugs include, but are not limited to, the following: physical and psychological addiction; physical, psychological, and spiritual deterioration; disease, and possible death.
As a condition of employment, all new employees are required to participate in an initial drug screening.
Florida State Laws Concerning Illicit Drugs
There are substantial legal sanctions pursuant to state or federal law which may be levied against employees for the unlawful manufacture, distribution, possession, or use of an illicit drug, controlled substance, tobacco, or alcohol. The law often treats drug offenses as a criminal matter, punishable by substantial fines, imprisonment, or other severe sanctions.
Complete information on Florida state laws regarding illicit drugs can be found at the following site:
2009 Florida Statute, Title XLVI, Chapter 893, Florida Comprehensive Drug Abuse Prevention and Control Act.
Under state law, it is a crime for any person to possess or distribute controlled substances or drugs as described in Section 893.03, Florida Statues, except as authorized by law. Punishment for such crimes ranges from first-degree misdemeanors (up to one-year imprisonment and up to a $1,000 fine) to first-degree felonies (up to 30 years imprisonment and up to a $10,000 fine).
Specifically, possession of less than 20 grams of marijuana is a first-degree misdemeanor punishable with imprisonment of up to one (1) year and a fine of up to $1,000. Possession of more than 20 grams of marijuana is a third-degree felony punishable with imprisonment of up to five (5) years and a fine of up to $5,000.
Possession of less than 28 grams of cocaine is a third-degree felony. Possession of more than 28 grams of cocaine is a first-degree felony punishable with imprisonment of up to 30 years and a fine of up to $250,000. The privilege of driving an automobile may also be affected if any of the above crimes are committed.
Trafficking (distribution of specific large quantities of various controlled substances) is punishable by a minimum term of imprisonment of 3 to 25 years and a fine of $25,000 to $500,000, depending on the particular illicit drug and the quantity involved. Penalties under federal law for drug trafficking generally are greater than penalties under state law.
Individuals who have been convicted of a felony involving the sale or trafficking in or conspiracy to sell or traffic in a controlled substance under certain circumstances may be disqualified from applying for state employment. Convictions on drug-related charges also may result in forfeiture of federal financial aid.
Florida State Laws Concerning Alcohol
Complete information on Florida state laws regarding alcohol can be found at the following site:
2009 Florida Statute, Title XXXIV, Chapter 562, Alcoholic Beverages and Tobacco, Beverage Law: Enforcement.
Florida Statute 562.11 - Selling, giving, or serving alcoholic beverages to persons under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties.
It is unlawful for any person to sell, give, serve, or permit to be served alcoholic beverages to a person less than 21 years of age or to permit a person less than 21 years of age to consume such beverages on the licensed premises.
It is unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or his or her agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person less than 21 years of age.
Anyone convicted of violating either of the above provisions is guilty of a second-degree misdemeanor. If a driver’s license (or an identification card issued by the Department of Highway Safety and Motor Vehicles) is used in violation of these provisions, additional penalties may be imposed, including suspension or revocation of the driver’s license.
Florida Statute 562.111 - Possession of alcoholic beverages by persons under age 21 is prohibited. It is unlawful for any person under the age of 21 years to have in her or his possession alcoholic beverages. Convicted violators of this statute are guilty of a second-degree misdemeanor. Suspension or revocation of a driver’s license may also be imposed.
Florida Statute 316.193 - Driving under the influence. A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state, and: The person is under the influence of alcoholic beverages, any chemical substance set forth in Section 877.111, or any substance controlled under Chapter 893, when affected to the extent that the person’s normal facilities are impaired; the person has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood, or the person has a breath alcohol level of 0.08 or more of alcohol per 210 liters of breath.
Florida Statute 316.1936 - Possession of open containers of alcoholic beverages in vehicles is prohibited. It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state. Convicted violators of this statute are guilty of a noncriminal moving traffic violation.
Florida Statute 856.015 - Open house parties. No adult having control of any residence shall allow an open house party (a social gathering at a residence) to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the adult knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the adult fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. Convicted violators of this statute are guilty of a second-degree misdemeanor.
Florida Statute 856.011 - Disorderly intoxication. No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance. Convicted violators of this statute are guilty of a second-degree misdemeanor.
Florida Statue 768.125 - Liability for injury or damage resulting from intoxication. A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.
Colorado State Laws Concerning Drugs*
Complete information on Colorado’s state laws regarding alcohol can be found at this website.
Colorado Revised Statutes Title 18 Article 18 is entitled the “Uniform Controlled Substances Act.”
It is unlawful for a person to knowingly possess a controlled substance (level 4 felony if a Schedule I drug) (18-18-403.5).
Unlawful use of a controlled substance is a level 2 misdemeanor (CRS 18-18-404).
Unlawful distribution of a controlled subject is illegal, and subject to varying levels of punishment (misdemeanor through felony) depending on the substance and amount distributed (CRS 18-18-405).
Marijuana is included in the definition of “Controlled Substances” (CRS 18-18-102(5)).
CSR 18-18-406 delineates the various levels of misdemeanor to felony offenses based on various quantity of marijuana being possessed, used, or distributed, respectively.
Although marijuana still falls under the definition of a controlled substance, the legislature has enacted additional laws specifically concerning medical marijuana.
*Adventist University recognizes federal drug laws over those of individual state statutes. Therefore federal laws and penalties will be followed when there are discrepancies between state and federal law.
Colorado State Laws Concerning Alcohol
Complete information on Colorado’s state laws regarding alcohol can be found at the following site: http://www.lexisnexis.com/hottopics/colorado/agree.htm?
CRS 12-47-901(1)(a) - It is unlawful to give or sell alcohol to anyone under the age of 21.
This is a Class 2 misdemeanor and can result in imprisonment between 3 and 12 months and a fine of $250-$1000 (See CRS 18-1.3-501).
CRS 12-47-901(1)(b) - It is unlawful to obtain or attempt to obtain any alcoholic beverage by misrepresentation of age when a person is under the age of 21.
This is a class 2 misdemeanor and can result in imprisonment between 3 and 12 months and a fine of $250-$1000 (See CRS 18-1.3-501).
CRS 18-13-122 - It is illegal for anyone under the age of 21 to possess or consume alcohol.
Conviction of a first offense may result in a fine up to $250 and up to 24 hours of community service. Conviction of a second offense may result in a fine up to $500, 24 hours of community service, and the completion of an alcohol evaluation, education program or treatment program at the defendant’s expense. Conviction of a third offense or subsequent offense is a Class 2 misdemeanor and can result in imprisonment between 3 and 12 months and a fine of $250-$1000, as well as the completion of an alcohol evaluation, education program or treatment program at the defendant’s expense.
CRS 42-4-1301(1)(a) - It is a misdemeanor to drive a vehicle while “under the influence” of alcohol and/or one or more drugs (“DUI”).
CRS 42-4-1307(3) et seq. - Conviction of a first offense can result in probation, jail time between 5 days and one year, a fine of $600-$1000, and 48-120 hours of community service. Penalties can increase based on the severity of the offense and for subsequent offenses.
Note that .08 BAC is the legal limit but that a BAC between .05 and .08, coupled with other supporting evidence, could also lead to a conviction of a DUI. Also, a BAC less than .05 but higher than .02 can be classified as a lesser traffic infraction that results in a $100 fine, up to 24 hours of community service, and completion of an alcohol evaluation, education program or treatment at the defendant’s expense.
CRS 42-4-1301(1)(b) - It is a misdemeanor to drive a vehicle while “impaired by” by alcohol and/or one or more drugs (“DWAI”).
CRS 42-4-1307(4) et seq. - Conviction of a first offense can result in probation, jail time of 2-180 days, a fine of $200-$500, and 24-48 hours of community service. Penalties can increase based on the severity of the offense and for subsequent offenses.
Note that .08 BAC is the legal limit but that a BAC between .05 and .08 allows a permissible inference that the defendant was impaired so that a conviction of a DWAI is more likely. Also, a BAC less than .05 but higher than .02 can be classified as a lesser traffic infraction that results in a $100 fine, up to 24 hours of community service, and completion of an alcohol evaluation, education program or treatment at the defendant’s expense.
Federal Penalties for Possession of Illicit Drugs
1st Conviction: Up to 1-year imprisonment and fined at least $1,000 but not more than $100,000, or both.
After 1 prior drug conviction: At least 15 days in prison, not to exceed two (2) years and fined at least $2,500 but not more than $250,000, or both.
After 2 or more prior drug convictions: At least 90 days in prison, not to exceed three (3) years and fined at least $5,000 but not more than $250,000, or both.
Special sentencing provision for possession of crack cocaine: Mandatory at least five (5) years in prison, not to exceed twenty (20) years and fined up to $250,000, or both, if:
a) 1st conviction and the amount of crack possessed exceeds 5 grams.
b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
c) 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.
21 U.S.C. 853 (a)(2) and 881 (a)(7)
Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1-year imprisonment. (See special sentencing provisions re: crack.)
21 U.S.C. 881 (a)(4)
Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.
21 U.S.C. 844a
Civil fine of up to $10,000 (pending adoption of final regulations).
21 U.S.C. 853a
Denial of Federal Benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one (1) year for first offense, up to five (5) years for second and subsequent offenses.
18 U.S.C. 922(g)
Ineligible to receive or purchase a firearm.
More complete information on Federal Trafficking Penalties can be found here.
Revocation of certain Federal Licenses and benefits; e.g. pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.
ADU Drug and Alcohol Policy will be reviewed biennially (a) to determine its effectiveness and to implement changes that may be needed, (b) to ensure that sanctions are consistently enforced, and (c) to meet the stated requirements for compliance with federal regulations.
All employees are required annually to sign and return a copy of the Drug and Alcohol Policy form to ADU Human Resources.
19.7 Faculty/Staff Computer Policy
A single computer is provided to members of the faculty and staff at ADU to perform daily tasks in support of the mission of the University. In order to ensure that information flow between all parties is as smooth as possible, and to reduce computer maintenance complexity, a standard hardware and software configuration is utilized. The configuration will be based on current technology, and will be reviewed as necessary.
All hardware and software purchased with University funds are the property of ADU.
The desktop computer or laptop used by faculty or staff and its contents are the sole property of ADU. Files should be stored on the provided network drives and copied to the local drive only as needed for offline or off campus work. The user is responsible for any personal files saved to the local drive, and is encouraged to back them up on the provided network drives regularly.
The faculty/staff computers will be configured for faculty/staff use on campus. Users will encounter different environments if they have laptops-such as wireless networks at home, direct cable connections in hotels, or wireless connections while traveling. This requires each user to be aware of these environments and know and understand how to adapt their laptop to them.
The University maintains software licenses and agreements for the standard software products installed on University computers. Any other software installed on the University machines must be legally acquired and will be the sole responsibility of the user for its support. Be aware that software purchased by the user for use on the University’s computers must be compatible with the computer’s operating system and may slow down or otherwise reduce the effectiveness of the computer. This is especially true if it requires an unduly large amount of disk space or system memory to operate. If needed, requests can be made to the Information Technology Department (IT) to install programs. IT may choose to grant some users local administrative rights. However, if those rights are improperly utilized, for instance to interfere with the operation of the installed AntiVirus, or if an employee installs programs containing viruses, malware, etc. IT may revoke them at any time.
The IT Department at ADU grants access to the University network for current faculty and staff. Accounts will be disabled on the last day of an employee’s service at the school. Account passwords should not be shared.
University IT reserves the right to monitor network and Internet traffic. If there is probable cause for a more in-depth monitoring of a system, University IT will notify the Department Supervisor and the President’s office. If it is deemed necessary to monitor computer activities, such as Internet use and e-mail, approval for such a request will come from the President’s office. University IT will commence the process only after written approval is received.
19.8 ADU Confidentiality Agreement
I acknowledge that during the course of performing assigned duties at Adventist University of Health Sciences, employees may have access to, use, or disclose confidential information. Federal laws, including the Federal Educational Rights and Privacy Act of 1974 (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA), state regulations, licensure requirements, and practice acts detail the use of specific information related to educational settings and professional behaviors. I hereby agree to handle such information in a confidential manner at all times during and after employment at the University and to commit to the following obligations:
• I will use and disclose confidential information only in connection with and for the purpose of performing my assigned duties.
• I will request, obtain, or communicate confidential information only as necessary to perform my assigned duties and shall refrain from requesting, obtaining, or communicating more confidential information than is necessary to accomplish my assigned duties.
• I will take reasonable care to properly secure confidential information on computers and will take steps to ensure that others cannot view or access such information. When I am away from the workstation or when my tasks are completed, I will log off my computer or use a password-protected screensaver in order to prevent access by unauthorized users.
• I will not disclose my personal password(s) to anyone without the express written permission of my Department Chair or Department Manager, or record or post it in an accessible location, and will refrain from performing any tasks using another’s password.
I understand that as an employee of ADU, the use and disclosure of confidential student or employee information is governed by the rules and regulations established under FERPA, HIPAA, and related state and federal policies and procedures in addition to the policies and procedures of ADU. Therefore, with regard to confidential information, I commit to the following additional obligations:
• I will use and disclose confidential information solely in accordance with state, federal, and University policies set forth above or elsewhere. I also agree to familiarize myself with any periodic updates or changes to such policies in a timely manner.
• I will immediately report any unauthorized use or disclosure of confidential information that I become aware of to the appropriate supervisor.
I also understand and agree that my failure to fulfill any of the obligations set forth in this agreement and/or my violation of any terms of this agreement shall result in my being subject to appropriate state, federal, and University disciplinary action.
19.9 Intellectual Property Policy
Section I: Intellectual Property Policy: Scope, Administration and General Policy
1. Purpose and Scope of the Intellectual Property Policy.
1.1 Policy Purpose Overview.
Adventist University of Health Sciences (“ADU” or “University”), a Seventh-day Adventist institution, specializes in the education of professionals in healthcare. Service-oriented and guided by the values of nurture, excellence, spirituality, and stewardship, the University seeks to develop leaders who will practice healthcare as a ministry. This philosophy is based on the idea that true wellness is not achieved through medical care alone, but through healing relationships that speak to peoples’ minds, bodies, and souls. This mission and philosophy underpins each course of study in our associate, bachelor’s, master’s, and doctoral programs and this Intellectual Property Policy (“Policy”). This Policy clarifies the rights and responsibilities of ADU and ADU Community Members with respect to the creation, use, disclosure, and commercialization of Intellectual Property to advance the University’s mission and benefit the public.
1.2 Scope of Policy.
The Policy is divided into two sections. Section I addresses the general scope, workings, and administration of the Policy. Section II addresses specific issues related to Copyrights and works of authorship.
1.3. Policy Revisions and Other Policies.
ADU may update and revise this Policy from time to time without requirement of notice to any ADU Community Members or third parties. ADU will publish the Policy in the appropriate handbooks or on the ADU website. This Policy is intended to work in connection with other policies and procedures of ADU, including without limit, the Student Copyright Policy, the Academic Integrity Policy, and the Copyright Policy. Terms with initial capitals have the meaning ascribed in this Policy.
2.1. “Academic Works” means “any works of authorship created by ADU Community Members of an academic nature or for scholarly publication, such as CourseWork, academic articles, peer reviews, research reports, and other writings of an academic or scholarly nature. Academic Works shall exclude ADU commissioned works, contributions to Institutional Works, and works created by ADU employees for use in ADU Courses and curriculum.”
2.2. “ADU Intellectual Property” or “University Intellectual Property” means “any and all Intellectual Property that fits with in the classes and categories defined in Section I.8.1.”
2.3. “ADU Inventions” or “University Inventions” means “any and all inventions created, made, developed, discovered, or reduced to practice by ADU Community Members qualifying as Creators, excluding Creator Pre-Existing IP, or inventions otherwise owned, controlled, licensed, or acquired by ADU for use by or within the ADU Community or for license, distribution, sale to, or use by third parties.”
2.4. “ADU Community” or “ADU Community Members” means “all members of the ADU community, including without limit, employees, staff, Faculty, students, and volunteers.”
2.5. “ADU Resources” means “any ADU equipment, facilities, computers, networks, devices, materials, or funds, and projects funded, sponsored, or undertaken under the auspices of ADU.”
2.6. “ADU Software” means “all software and tools, including all source code, object code, modules, tools, data and other files, and all documentation associated with the software, created for ADU by ADU Creators for the operation of ADU or for the provision or delivery of any ADU Courses or Course Content.”
2.7. “ADU Works” or “University Works” means “all copyrighted works that are: (i) owned, acquired, or controlled by ADU; (ii) created for ADU by ADU Community Members that are commissioned by ADU and identified to be owned by ADU by agreement or by Section I.8.1, (iii) licensed by ADU for use in the ADU Community, or (iv) comprised of ADU Course Content.”
2.8. “Biological Samples” means “material derived from a living, or once-living organism.”
2.9. “Collaborative IP” means “all Intellectual Property that results from any collaboration or joint development agreement between or among ADU, ADU Community Members, and/or any individuals, entities, or associations that are not part of the ADU Community, including without limitation, joint research projects, joint development agreements, alliances, and joint ventures.”
2.10. “Community Member Intellectual Property” means “all Intellectual Property owned or controlled by an ADU Community Member, including all Pre-existing IP, and Intellectual Property in which an ADU Community Member is a Creator but which does not qualify as ADU Intellectual Property.”
2.11. “Copyrights” means “original works of authorship that have been fixed in a tangible medium and qualify as copyrightable subject matter and for copyright protection, including without limit, all literary works, photographs, architectural works, software, works of visual art, motion pictures and other audiovisual works, musical works, dramatic works, sound recordings, Online Course Content, Course Content, and Academic Works; and all copyright registrations thereof.”
2.12. “Course” means “any course offered by ADU, including in person courses, Online Courses, and any other courses delivered by any method now known or later developed.”
2.13. “Course Content” means “any content that is embodied in or presented, performed, or displayed in any ADU Course, and shall include all aspects of the curriculum as it relates to any particular course, including the course outline, syllabus, lectures, audio and video recordings of lectures or class sessions, materials presented in a classroom session, materials posted online or otherwise provided for use by students, messaging and chat, textbooks, problem sets, outlines and summaries, class notes, and all websites and related social media for such ADU Course.”
2.14. “CourseWorks” means “any notes, papers, outlines, projects, tests, homework sets, or other work product created by a student as part of an ADU Course in which the student is enrolled at the University.”
2.15. “Creators” means “any persons or entities who author, create, make, develop, discover, or reduce to practice any Intellectual Property that is created for, or on behalf of ADU, arises from or relates to any ADU Institutional Activities; comprises any Course Content, Online Course Content, or ADU Course; or uses Substantial ADU Resources.”
2.16. “Educational Technologies” means “any software or technology used to deliver Courses and Course Content, including Online Courses, Online Course Content, and other courses, and to otherwise provide any educational Institutional Activities.”
2.17. “Intellectual Property” means “all (i) Copyrights, (ii) Trademarks, (iii) Patents, (iv) domain names, URLs, and websites, and all data, content, “look and feel,” and operating and underlying code or software of all websites, (v) Trade Secrets and Know-How, (vi) Biological Samples, (vii) data, (viii) worldwide statutory protection obtained or obtainable on all of the foregoing, (ix) rights to enforce, enjoin, or litigate any claims, judgments, causes of action, or other legal and equitable rights and remedies arising out of or related to any infringement, misappropriation, or violation of any of the foregoing, and (x) right, title, and interest to claim royalties, residuals, damages, and other remuneration for use of any of the foregoing.”
2.18. “Institutional Activities” means “any activities undertaken by or on behalf of ADU, or relating to ADU’s mission or business, including without limit, all creation, licensing, and commercialization of any ADU Intellectual Property, products, devices, equipment, processes, journals, websites, and social media; ADU Courses and ADU Course Content; and all clinical and research projects, events, symposiums, colloquiums, seminars, and conferences.”
2.19. “Institutional Works” means any works created as a part of or in association with Institutional
Activities, including without limit, any software with commercial applications or intended for use in commerce or operation of ADU or any ADU projects, clinical or research studies or reports produced pursuant to grants or contracts or with Substantial ADU Resources, and ADU projects that are authored, created, or provided for commercial or research reporting purposes, but excluding Academic Works produced and published for scholarly, non-commercial purposes.”
2.20. “Online Course” means any ADU Course offered online or through any computer, phone or other communications network, device, platform, or other method for online learning or time shifting of a Course or portions thereof, whether now known or later developed.
2.21. “Online Course Content” means “any and all content that is embodied in, incorporated into, posted in association with, presented, performed, or displayed in any ADU Online Course and all websites and social media related to an ADU Online Course.”
2.22. “Patents” means “invention disclosures, inventions, patent applications, patents, including all methods, business methods, processes, machines, manufactures, systems and compositions of matter, designs, and any other inventions that may be the subject matter of patent protection, all worldwide statutory or other legal protection obtained or obtainable therein, and all other published and granted patents, pending applications, provisional applications, reissues, divisional applications, renewals, extensions, continuations and continuations-in-part, design patents, and industrial design registrations, including such patents and rights identified under the U.S. Patent Act (35 U.S.C. §101 et seq.).”
2.23. “Pre-Existing IP” means “Intellectual Property created by an ADU Community Member prior to the beginning of employment or association with ADU and Intellectual Property that can be documented with written evidence as having been created prior to employment, association with ADU, or any work on ADU Institutional Activities, and which does not otherwise qualify as ADU Intellectual Property.”
2.24. “Substantial ADU Resources” means “ADU Resources that are not ordinarily available to most ADU Community Members, such as laboratory equipment, specialized software, or special funding. Substantial ADU Resources shall not include personal office space, personal office equipment, office computer workstations, standard productivity software, or computer networks.”
2.25. “Trademarks” means “trademarks, service marks, brand names, trade dress, trade names, designs, and any other word, symbol, device, product configuration, slogan, or any combination thereof used to distinguish or identify goods or services that may be the subject matter of trademark protection, including all worldwide applications and registrations therefore, and associated goodwill, including such rights identified under the Lanham Act and state trademark statutes.”
2.26. “Trade Secrets and Know-How” means “proprietary information trade secrets, proprietary information, data, and knowledge and experience of a technical, commercial, or administrative nature, including all know-how, information processes, operating, maintenance and other manuals, data and databases, computer programs and related documentation, design specifications, flowcharts, operational and other plans, schematics and drawings, customer data and lists, advertising, marketing, product concepts and campaigns, and other valuable or proprietary information or data.”
3. Overall Scope and Principles of Intellectual Property Policy.
As a starting point, this Policy embodies ADU’s commitment to respect the Intellectual Property rights of all Intellectual Property owners. ADU expects ADU Community Members to do likewise. ADU will not knowingly infringe the valid Intellectual Property rights of others. ADU will seek permissions and licenses for valid Intellectual Property owned or controlled by others whenever educational, business, and legal considerations support the need for such licenses. This Policy embodies ADU’s commitment to comply with relevant Intellectual Property laws, educate the ADU Community, and provide a framework for addressing complex Intellectual Property questions and issues. The Policy provides guidelines and tools regarding Intellectual Property and governs ADU’s and ADU Community Members’ creation, use, disclosure, licensing, and distribution of Intellectual Property and materials and objects embodying and protected by different types of Intellectual Property rights. This Policy addresses various types of Intellectual Property that are authored, made, and created by ADU Community Members involved in education, research, teaching, scholarly publishing, and other Institutional Activities.
3.1. Key Principles for IP Policy
This Policy is informed by several key principles.
3.1.1. Except as specified for limited types of Intellectual Property that are identified in this Policy to be owned by Creators, such as Academic Works and Creator Pre-Existing IP, Intellectual Property authored, made, created, developed, discovered, or reduced to practice by an ADU Community Member in his or her role as an ADU employee in the scope of employment, while engaged in Institutional Activities, or while using Substantial ADU Resources shall be owned by ADU either as a work made for hire or by assignment by the Creator.
3.1.2. An ADU Community Member shall not sell, license, or otherwise commit or dispose of in a personal capacity Intellectual Property he or she may author, make, create, develop, discover, or reduce to practice in his or her capacity as an employee, in connection with Institutional Activities, or using Substantial ADU Resources, unless and until such Intellectual Property is approved by the ADU Intellectual Property Committee to be owned by the ADU Community Member in accordance with this Policy.
3.1.3. An ADU Community Member shall not sign and enter into any confidentiality agreement, license agreement, research agreement, or any other agreement that may restrict, commit, impair, or affect ADU Intellectual Property or otherwise bind ADU with respect to ADU Intellectual Property without authorization from the University President.
4. Types of Intellectual Property
This Policy addresses the ownership and use of the following types of Intellectual property with emphasis on Copyrights and Patents.
4.1. Inventions and Patents
Inventions can include useful articles of manufacture, devices, machines, systems, compositions of matter (e.g., novel biological material or a pharmaceutical), processes (e.g., surgical processes), designs, and software. An invention, as defined in patent law, must be able to be described in sufficient detail that it could be made or practiced by a person having skill in that area of technology, but need not have been actually constructed.
A patent is a property right granted by the U.S. government through the United States Patent and Trademark Office (“USPTO”) to the inventor or the first inventor to file a patent application after the inventor meets all of the requirements of patentability under the U.S. patent law. Patent protection is obtained internationally by filing patent applications directly in other countries or by using regional or treaty-based filing conventions around the world. An invention must be “useful,” “new,” and “non-obvious” in order to obtain utility patent protection under U.S. law. A patent enables the patent owner to prevent others from practicing the patented invention and thus may have significant commercial value. Activities and publications of the inventor or others (such as prior art, or sale or disclosure by the inventor prior to filing a patent application or for a period of time beyond any grace period under the law) may prevent an invention from obtaining patent protection.
Utility patents have a limited, non-renewable term, typically 20 years from the date of filing a patent application. Design patents, which cover the ornamental aspects of an article, and plant patents, which cover asexually reproduced plants, have a term of 14 years. Thus, zealous and timely efforts towards identification, protection, and appropriate commercialization of Patents benefit all participants in the process.
A Trademark serves to identify to consumers and the public a source of origin of particular goods and services, and to distinguish the goods and services from those of other providers. In the United States, trademark rights are gained through use (called “common law trademark rights”) and/or by registration at the state and/or federal level in the USPTO. A trademark that is registered with the USPTO is identified by the symbol “®”; an unregistered trademark can be identified by the symbol “™”; and an unregistered service mark can be identified by the symbol “SM.” Trademark protection is also available by filing trademark applications in other countries or through treaty-based filing conventions such as the Madrid Protocol around the world.
This Policy does not supersede or address any existing ADU Trademark or brand usage policies. Use of ADU Trademarks is also governed by the ADU Visual Style Guide.
Copyright protection provides a set of exclusive rights granted to the author or creator of an original work of authorship, including the right to copy, distribute, publicly perform, publicly display, and make derivative adaptations of the work. Copyright does not protect ideas, only the expression of ideas. In most jurisdictions copyright arises upon fixation and does not need to be registered. Works should be labeled as copyrighted with the use of the “©” symbol, followed by the owner and year of publication, plus the words “All rights reserved.”
Examples of works susceptible of copyright include books, research papers, software, instructional videos, Course Content, Online Course Content, and other content used on the Internet.
In general, the person who actually creates a work is the legally recognized author of that work. But U.S. copyright law holds that if a work is “made for hire,” the employer, and not the employee, is considered the legal author. Works created by an employee in the scope of his or her employment are considered works made for hire. Other works can also qualify as a works made for hire if a written agreement defining the works as such is entered into prior to the conception of the works.
For the creation of works subject to copyright by third parties, ADU will have as its general policy to have written agreements identifying qualifying works as a “work made for hire” to be owned by ADU or containing written assignment of copyright rights to ADU, unless the copyright in certain works are identified and approved by ADU to be owned by the third party.
A fuller discussion of Copyrights and ADU’s policies related to Copyrights and the use and commercialization of Copyrights owned or controlled by ADU, both ADU Copyrights and those of third parties, is provided in Section II of this Policy and the ADU Student Copyright Policy.
4.4. Trade Secrets and Know-How
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information that is not generally known or reasonably ascertainable by which a business can obtain an economic advantage over competitors or customers. Generally, a trade secret is information that is not generally known to the public, confers some sort of economic benefit on its holder, and is the subject of reasonable efforts to maintain its secrecy. State law governs trade secrets. In Florida, trade secrets are governed under Title XXXIX, Chapter 688, of the Florida Statutes.
Know-how is closely held information in the form of unpatented inventions, formulae, data, designs, drawings, procedures, and methods, together with accumulated skills and experience. Know-how can confer a competitive advantage to its owner. The inherent proprietary value of know-how lies embedded in the legal protection afforded to trade secrets in general law.
Policies, practices, and procedures to maintain ADU Trade Secrets and Know-How in reasonable secrecy are contained in the ADU Confidentiality Policy.
Software is a collection of computer code and related data that provides instructions to a computer. Program software performs the function of the program it implements. Examples of computer software include application software (end-user applications of computers such as word processors or video games); programming languages that define the syntax and semantics of computer programs; system software such as operating systems, which govern computing resources; firmware, low-level software often stored on electrically programmable memory devices; device drivers, which control computer hardware such as disk drives, printers, optical drives, or computer monitors; and programming tools that help conduct computing tasks in any category listed above.
The source code of software is protected by copyright. The functional aspects of software can also be protected by patents.
This Policy broadly addresses ADU’s development and subsequent use or licensing of software (and related hardware) developed by or on behalf of ADU, including source and object code and other related documentation and materials. This Policy does not address certain use aspects related to software and hardware such as a network access or licensing of software from third parties, which are addressed in the ADU Student Computer Use Policy and the ADU Staff/Faculty Computer Use Policy.
Data include research results in a tangible form. Data can also include proprietary ADU information such as course records, patient files, pharmaceutical records, and financial records. ADU recognizes the value of data created in activities that would qualify as Institutional Activities and result in ADU Intellectual Property, and such data will be included in this Policy. This Policy is in addition to and meant to complement ADU patient data policies.
4.7. Biological Samples
A biological sample is material that has been derived from a living, or once-living organism. Examples include tissue samples, cell cultures, and biological molecules. Such biological samples may be regulated by ADU research policies.
Patients and human subjects may have ownership interests in their tissue and other bodily samples. Issues pertaining to ownership of human samples are beyond the scope of this Policy, which neither transfers nor seeks to transfer ownership of these samples. These issues are addressed in a separate policy.
5. Administration of the Policy
5.1. Responsibilities of the ADU Intellectual Property Committee
ADU shall establish an Intellectual Property Committee appointed by the President. The Intellectual Property Committee shall have the primary responsibility for the administration of this Policy. The Intellectual Property Committee shall address questions relating to the creation, use, ownership, and licensing of Intellectual Property in consultation with ADU legal counsel. The Intellectual Property Committee shall also initially address internal disputes arising under this Policy, including disputes regarding ownership or use of Intellectual Property and the distribution of licensing income for ADU Intellectual Property.
5.2. Obligations to Third Parties under Grants and Contracts
Certain Intellectual Property used or created at ADU is subject to or related to the terms and conditions of grants, contracts, and other agreements entered into by ADU and third parties, including but not limited to, the U.S. government and other research sponsors. This Intellectual Property may be governed by sponsored research agreements, material transfer agreements, license agreements, federal grants, and contracts.
The Intellectual Property rights of ADU and ADU Community Members under this Policy shall be subject to any applicable conditions and any rights granted to third parties pursuant to grants and/or agreements undertaken by ADU. ADU shall retain the right to perform its obligation with respect to Intellectual Property under all such agreements.
6. Persons Covered by This Policy
This Policy is intended to apply to all ADU Community Members, including ADU employees and those non-employees who are involved in ADU Institutional Activities who perform work under the direction, funding, or auspices of ADU, through a contract or agreement with ADU, or in concert with ADU employees, or who create or use ADU Intellectual Property, ADU Resources, or those of ADU industry partners.
6.1. ADU Employees
This Policy covers all persons who are employed by ADU, including but not limited to, the following employee categories:
6.1.1. Faculty. “Faculty” means “ADU full-time faculty, adjunct faculty, full-time clinical faculty, and clinical supervisors.”
6.1.2. Technical, Educational, and Research Staff. “Technical, Educational, and Research Staff” means “scientists, research nurses, graduate students or other students working under research contracts or employment agreements for ADU or on ADU research projects or as teaching assistants or lab assistants, technicians, engineers, information technology staff, and lab technicians and equipment operators.”
6.1.3. Administrative Staff. “Administrative Staff” means “ADU personnel employed in the fields of administration, management, finance, human resources, assistants, and clerical work.”
This Policy covers all non-employees or entities who are involved in the ADU Community in activities that create or use ADU Intellectual Property, qualify them as Creators, or involve them in Institutional Activities that involve ADU Intellectual property, including without limit, conducting work or research on behalf, at the direction, or under the auspices of ADU; taking ADU Courses; and using ADU Resources or ADU Intellectual Property. These covered non-employees include the following categories:
6.2.1. Students enrolled as ADU students or taking any ADU Courses whether for credit or audit,
6.2.2. ADU contractors, agents, and consultants,
6.2.3. Industry representatives (e.g., pharmaceutical representatives), and
6.2.4. Individuals providing volunteer services for, on behalf of, or on the premises and facilities of
7. Responsibility of ADU Community Members for Compliance with the Policy
All ADU Community Members shall be responsible for reading, understanding, and complying with this
Policy. All ADU Community Members, by continued employment or involvement in ADU Institutional
Activities, agree to be bound by this Policy. ADU Community Members who are responsible for or supervisors of projects in which ADU Intellectual Property are likely to be created shall address with all participants in advance how this Policy affects rights relating to the ADU Intellectual Property. ADU provides Faculty and staff with the Academic Catalog and access to resources that assist in assessing appropriate use of Intellectual Property. Students should consult the Student Copyright Policy and applicable sections of the Student Handbook. Faculty should also consult the Faculty Handbook. Faculty and students should consult the Academic Integrity Policy and citizenship issues.
ADU Community Members shall take all reasonable and necessary steps and actions requested or required by ADU to give effect to all intentions, requirements, and obligations of this Policy. Such actions may include, without limitation, execution of an employee intellectual property agreement or other documents as requested and other actions that impact or effectuate ownership and rights in ADU Intellectual Property.
ADU Community Members shall be held accountable and may be subject to appropriate discipline in accordance with ADU policies and procedures for disregarding or failing to follow this Policy. A failure by an ADU Community Member to take reasonable and necessary steps or actions as required shall not affect the applicability of this Policy.
8. ADU Intellectual Property - Rights of the University
ADU shall acquire ownership of Intellectual Property in various ways, including authoring, creation, invention, or reduction to practice by Creators, Intellectual Property resulting from Institutional Activities and projects, and Intellectual Property rights acquired by acquisition, donation, or exclusive license. Generally, unless specifically excluded or otherwise addressed in this Policy, all Intellectual Property that meets the definition of “ADU Intellectual Property” shall be considered ADU Intellectual Property to be owned or controlled by ADU. The following defines the classes and categories of ADU Intellectual Property.
8.1. ADU Owned Intellectual Property
Subject to any exclusions noted in this Policy and excluding Pre-existing IP, ADU shall own Intellectual Property that meets any of the following criteria:
8.1.1. All Intellectual Property created, authored, made, developed, invented, or reduced to practice by
ADU Community Members, whether solely or jointly with others, that is within the scope of the Creator’s employment at ADU, including for copyrighted works, works authored by an ADU employee in the scope of his or her employment or any other works that qualify as works made for hire under the Copyright Act;
8.1.2. All Intellectual Property created, authored, made, developed, invented, or reduced to practice by
ADU Community Members, whether solely or jointly with others, on ADU employee time or with use of Substantial ADU Resources;
8.1.3. All Intellectual Property created, authored, made, developed, invented, or reduced to practice by
ADU Community Members during any ADU sponsored or funded projects;
8.1.4. All Intellectual Property created, authored, made, developed, invented, or reduced to practice by
ADU Community Members, whether solely or jointly with others, that is created under or otherwise subject to any grant, contract, or other arrangement between ADU and a third party, such as the federal government, a foundation, or a corporate research sponsor, where the terms of the agreement provide for ADU ownership of the Intellectual Property, whether by assignment or as a work made for hire for qualifying copyrighted works;
8.1.5. All Intellectual Property commissioned for creation by ADU or for use at ADU in ADU Courses or Institutional Activities, including but not limited to Course Content or Online Course Content; and
8.1.6. All Intellectual Property owned by ADU that is acquired by acquisition, bequeath, or donation.
8.2. Specific Copyrighted Works
Discussion of particular copyrighted works or works of authorship, including Course Content, Academic Works, and ADU Software, may be found in Section II of this Policy.
8.3. ADU Enforcement of ADU Intellectual Property Rights
ADU will control the rights to assert and enforce its ADU Intellectual Property against third parties, including conducting litigation or licensing activities. ADU Community Members shall cooperate with ADU in such enforcement, including such activities under Section I.7.
8.4. Attribution for and Acknowledgement of Creator
Where the University owns the Intellectual Property in a work, it may, in its sole discretion, acknowledge Creators (including Creators of works made for hire) who have made a substantial creative contribution to the work. ADU will name and identify inventors of Patents in accordance with the requirements of the U.S. or other jurisdictions’ patent laws and requirements.
9. Intellectual Property Rights of the ADU Community Members and Creators
Recognizing that creators of certain Intellectual Property, such as works of authorships and inventions, have certain rights recognized under U.S. law, ADU is providing the following clarification of ADU Community Members’ rights in and to Intellectual Property in view of their role in the ADU Community, as employees or non-employees, and participating in ADU Institutional Activities.
9.1. ADU Community Member Pre-Existing IP
9.1.1. Pre-Existing IP. ADU Community Members, including Faculty, may possess Pre-Existing IP.
ADU Community Members shall retain ownership of all of their Pre-existing IP.
9.1.2. License to Pre-Existing IP used in ADU Courses or Institutional Activities. ADU Community
Members are encouraged not to use Pre-Existing IP in Institutional Activities, unless the use is addressed in a written license agreement with ADU. Faculty should be aware of specific requirements for using Pre-Existing IP in ADU Courses and Online Courses, and of the resulting licenses granted to ADU. Except as otherwise agreed in a written agreement, use of any Pre-Existing IP in an Institutional Activity or ADU Course shall result in the grant of a perpetual, non-exclusive license to ADU and ADU Community Members to use, adapt, reproduce, distribute, make derivative works and recordings of, and otherwise exploit the Pre-Existing IP in Institutional Activities. For sake of clarity, the licensee will provide ADU and ADU Community Members and their agents the rights needed to use the Pre-Existing IP in these
activities, including without limit, the rights to make, distribute, perform, display, broadcast, and transmit reproductions, audio, video, audiovisual and digital recordings, scripts and transcriptions, and derivative works of such Pre-Existing IP in all formats now known or later developed.
9.2. Employee Created Intellectual Property
Absent any agreement to the contrary in an employment or other contract, and except for items otherwise characterized in this Policy, or for students in the Student Copyright Policy, Intellectual Property created by ADU-employee Creators that qualifies as ADU Intellectual Property under this Policy shall be owned by ADU.
9.3. Academic Works
In an effort to recognize and incent the publication of Academic Works and to recognize traditions of academic freedom, Academic Works of Faculty and students, and other ADU Community Members approved by the ADU Intellectual Property Committee, shall be owned by the author and registered in the author’s name. In such circumstances, the ADU Community Member hereby agrees to and does grant to ADU a royalty free, perpetual, non-exclusive, irrevocable, worldwide, sub-licensable license to use, adapt, publish, reproduce, distribute, and make derivative works and recordings of such Academic Works, or portions thereof, in ADU Institutional Activities, in all media and formats now known or later developed, but such license shall be subject to any publishing agreement provided by the ADU Community Member to the ADU Intellectual Property Committee. To assist the University in exercising its license, the ADU Community Member will provide, at no charge, an electronic copy of the final version of any Academic Work he or she authors to the ADU library in an appropriate format specified by the library director. In order to ensure the preservation of Intellectual Property rights in ADU Inventions that may be disclosed in the Academic Works, disclosure must be made to the ADU Intellectual Property Committee in accordance with Section I.14 of this Policy prior to publication or dissemination of such Academic Works in any form.
As a condition of participation in any ADU research project, event, or other Institutional Activity, or development of any product, device, or method in an ADU research project or using Substantial ADU Resources, (outside of participation in an ADU Course in which the student is enrolled and the authoring of Academic Works), all Intellectual Property that students create during such participation, development, or use that would qualify as ADU intellectual Property shall be owned by ADU as ADU Intellectual property. To the extent a work qualifies as a work made for hire, such work shall be owned by ADU as a work made for hire, and otherwise by assignment from the students to ADU. Further, students shall execute Intellectual Property and confidentiality agreement as required by ADU as a condition of participation in any ADU research projects or for any ADU employment. Students shall undertake these and similar acts as noted in Section I.7. With respect to CourseWork, students will retain the Intellectual Property of such subject to any Intellectual Property which qualifies as ADU Intellectual Property under this Policy and to the ADU licenses to Academic Works under Section I.9.3. Students understand that the University may require use of a service such as Turnitin to check for plagiarism, and students authorize ADU to use their Intellectual Property for such purposes to the extent not governed by the Academic Integrity Policy.
9.5. Administrative Staff
While the role of Administrative Staff may not be centrally focused on the creation of Intellectual Property, Administrative Staff do use, and at times, create Intellectual Property. Absent a contract or employment agreement to the contrary, Intellectual Property created by Administrative Staff that qualifies as ADU Intellectual Property under this Policy shall be owned by ADU. Administrative Staff shall be governed by and adhere to this Policy with respect to the creation, ownership, and use of Intellectual Property.
9.6. Rights of Technical, Educational, and Research Staff
In their research capacities, Technical, Educational, and Research Staff regularly use and create Intellectual Property as part of their role as ADU employees. Absent any agreement to the contrary in an employment agreement or other Third Party contract, all Intellectual Property created by these employees in the course of their ADU research that qualifies as ADU Intellectual Property under this Policy shall be considered ADU Intellectual Property. All other Intellectual Property created or used by Technical, Educational, and Research Staff shall be governed as other employees by this Policy.
Prior to creating any ADU Intellectual Property, non-employees shall enter into a written intellectual property agreement with ADU. Any Intellectual Property created, authored, developed, or reduced to practice by non-employees of the University shall be considered ADU Intellectual Property if it meets the criteria of Section I.8.1 or otherwise is identified as such in an agreement with ADU. The general policy and practice should be that such agreement is consistent with this Policy, unless ADU leadership or the ADU Intellectual Property Committee approves deviations for a particular case in line with and to further ADU’s mission and to benefit the public.
9.8. Open Source Software
Open source software is made available to the public under license agreements such as the GPL that govern how the software can be used, modified, and distributed. Any Intellectual Property created by ADU Community Members as a contribution to or modification of open source software that qualifies as ADU Intellectual Property may be subject to the open source license. If required by the open source license, ADU Intellectual Property that is made part of the open source software shall be licensed to the public under the open source license that governed the ADU Community Members’ use of the software. ADU retains ownership of the Intellectual Property subject to the open source license. Notwithstanding the open source license, ADU employees may freely contribute to and modify any existing open source software with the permission of their supervisor.
9.9. ADU Community Member Created Non-ADU Intellectual Property
9.9.1. ADU Employee Non-ADU Intellectual Property. In the event that an ADU employee develops
Intellectual Property in a manner that would qualify the ADU employee as a Creator under this Policy or otherwise during or in the course of employment with ADU and the ADU employee believes that it does not qualify as ADU Intellectual Property but instead is owned by the ADU employee, the ADU employee shall bring and disclose such Intellectual Property to the ADU Intellectual Property Committee for an ownership determination. The ADU Intellectual Property Committee shall evaluate the circumstances of creation and the nature of the Intellectual Property to make an ownership determination whether the Intellectual Property in question qualifies as ADU Intellectual Property to be owned by ADU, or Intellectual Property that is owned by the employee as Non-ADU Intellectual Property. Prior to any use, commercialization, offer for sale, sale or transfer of rights, or disclosure to the public, the ADU employee must adhere to the disclosure requirements set forth in this Section and Section 14.
9.9.2. ADU Community Member Non-ADU Intellectual Property. In the event that an ADU
Community Member who is not an ADU employee develops Intellectual Property in a manner that would qualify him or her as a Creator under this Policy, or such Intellectual Property otherwise arises from or relates to the ADU Community Member’s role in ADU Courses or Institutional Activities, and the ADU non-employee Community Member believes that it does not qualify as ADU Intellectual Property but instead is owned by the ADU Community Member, the ADU Community Member Creator shall bring and disclose such Intellectual Property to the ADU Intellectual Property Committee for an ownership determination. The ADU Intellectual Property Committee shall evaluate the circumstances of creation and the nature of the Intellectual Property to make an ownership determination whether the Intellectual
Property in question qualifies as ADU Intellectual Property to be owned by ADU or Intellectual Property that is owned by the ADU Community Member as Non-ADU Intellectual Property. Prior to any use, commercialization, offer for sale, sale or transfer of rights, or disclosure to the public, the ADU Community Member must adhere to the disclosure requirements set forth in this Section and Section 14.
9.9.3. Commercial Distribution of Non-ADU Intellectual Property. An ADU Community Member who is determined to own the rights in Intellectual Property he or she creates as non-ADU Intellectual Property may commercialize or otherwise distribute or publish that Intellectual Property (except for Course Content including Online Course Content) without the authority or permission of the University, so long as the University’s name is not used in connection with works so made available, other than to identify the Creator as an officer of instruction or employee at the University, and so long as the disclosure and other ADU commercialization approval requirements on this Policy are met.
10. Limitations on Use of ADU Intellectual Property by ADU Community Members
10.1. Agreements Related to ADU Intellectual Property
The University President has the sole authority to sell, license, assign, or otherwise transfer, bind, or impair ADU Intellectual property. ADU Community Members shall not enter into agreements relating to any ADU Intellectual Property without the President’s authorization.
10.2. Consulting Agreements
Individual consulting agreements that may use, adapt, impair, or compete with ADU Intellectual Property should be reviewed and approved by the ADU Intellectual Property Committee prior to being entered into by ADU Community Members.
ADU Community Members shall not seek protection or registration (including copyright, patent, or trademark registration) of any ADU Intellectual Property without approval of the ADU Intellectual Property Committee.
Parameters governing the ownership and use of Intellectual Property, including ADU Intellectual Property, third-party Intellectual Property, and other non-ADU Intellectual Property, used or developed in Collaborations between a ADU Community Member and/or ADU and another entity should be determined in a written agreement prior to beginning the Collaboration. As used herein, “Collaborations” means “joint research projects, joint ventures, strategic alliances, partnerships, outward or inward-bound visiting appointments, and work with personnel ‘on loan’ from another institution.”
12. Work Arising out of Consulting Agreements and Other Outside Activities
As set forth in the University policy on other professional employment, ADU employees may engage in outside activities with permission of the appropriate department chair or administrator. To the extent that any ADU Intellectual Property may be involved in or impacted by such outside activities, the employee shall disclose such potential use or identified ADU Intellectual Property to the ADU Intellectual Property Committee for approval and to provide the ADU Intellectual Property Committee the opportunity to make appropriate Intellectual Property filings or put the appropriate non-disclosure or other agreement in place with assistance from ADU legal counsel. The ADU employee shall disclose any Intellectual Property created during such activities as required by Section I.14 of this Policy or by any other agreement.
13. Use of the ADU University Name and Marks
Use of the ADU name, logo, or trademark can affect the reputation and academic standing of the institution. Faculty, researchers, other employees (as well as their respective departments and programs), and students may not participate in the creation or use of works or other Intellectual Property that might give the impression of ADU sponsorship where there is none. Any use of the ADU name or Trademarks that might give the impression of ADU sponsorship (other than to identify the creator as a faculty member, researcher, other employee, or student at ADU) in connection with a non-ADU
Intellectual Property created by a Faculty, researcher, or other ADU employee must be approved in advance by the ADU Intellectual Property Committee.
14. Intellectual Property Process
14.1. Disclosure of ADU Intellectual Property to Intellectual Property Committee
Creators are required to disclose to ADU any ADU Inventions made, developed, discovered, invented, or reduced to practice, individually or jointly with others, for ADU Courses, in Institutional Activities, in the course of the Creators’ duties as an ADU employee, or using Substantial ADU Resources.
Disclosure of an ADU Invention should be made with the use of an Invention Disclosure Form. The Creator should attach appropriate exhibits to the Form, such as copies of papers intended for publication, software flowcharts, material transfer agreements, consulting agreements, confidential disclosure agreements, and the like.
14.2. Initial Review Period.
The ADU Intellectual Property Committee shall seek to review ADU Inventions within one hundred and twenty (120) days from the time of receiving all necessary and requested disclosure information. If it is determined that ADU has an interest in such ADU Invention, the Committee shall so notify the Creator, and ADU shall then have an additional two hundred and ten (210) day period to initiate steps toward protecting such ADU Invention.
An ADU Invention may be deemed insufficiently conceived, disclosed, or reduced to practice to undergo the expense and effort of pursuing patent protection, but to have promise. In such a case, ADU may request the Creator continue work on the ADU Invention and submit a revised Invention Disclosure Form so that a decision may be revisited. The Creator also has a right to appeal a negative decision by means of a personal appearance before the Committee.
Documents intended for publication are reviewed to ascertain whether their publication could negatively impact subsequent attempts to seek Patent protection. All disclosure, publication, and commercialization of works containing ADU Inventions will be approved and overseen by the ADU Intellectual Property Committee in line with procedures and policies developed by the Committee. ADU Community Members shall not publish research findings involving any ADU Inventions, Data, Biological Samples or other ADU project data or results without consulting with and receiving prior approval from the ADU Intellectual Property Committee and, as needed, ADU legal counsel. This disclosure is important to preserve ADU Intellectual Property rights by seeking Intellectual Property protection, as Intellectual Property rights can be lost by publication or commercial use prior to filing a patent application. Also, ADU may choose to protect certain ADU Intellectual Property as Trade Secrets and Know-How. ADU shall have the right to prohibit oral or written publication or disclosure of Trade Secrets and Know-How as provided in the ADU Confidentiality Policy.
14.3. Reversion to Creator
In the event that the ADU Intellectual Property Committee determines ADU will not pursue patent protection or otherwise commercialize a disclosed ADU Invention during the 330-day review period, ADU, in its discretion, may assign or revert the rights to the Creator for commercialization by the Creator.
14.4. Responsibilities of Creator during Intellectual Property Process
It is the policy of ADU that the Creator must execute assignments of rights, title, and interest to ADU Inventions, formalizing a transfer of such rights to ADU. The Creator also must make himself or herself available, during and after employment at ADU, to take all necessary and reasonable action related to pursuing Intellectual Property protection, such as signing Inventor Declarations, assisting in discovery, or testifying in proceedings before the USPTO or the courts. The Creator further must make himself or herself available as needed for consultation during prosecution of ADU Patent applications with, for example, outside legal counsel or internal technology transfer personnel.
14.5. Intellectual Property Agreement
This Policy constitutes an understanding that is binding on the University and on ADU Community Members as a condition of their participating in University research, educational, and other programs, or their use of University Resources. The University may require formal agreements to implement the Policy as appropriate, but the absence of such executed agreements shall not invalidate the applicability of the Policy.
14.6. Disclosure Restrictions
ADU Community Members shall take all reasonable measures to ensure the secrecy of ADU Intellectual Property in accordance with the ADU Confidentiality Policy.
15. Departure of Creator from ADU
Any ADU Community Member possessing ADU Intellectual Property or ADU confidential information, shall cease all use of, remove from all phones, computers, tablets, files, cloud storage and other devices and networks, and return to ADU, all ADU Intellectual Property and/or ADU confidential information upon termination of employment, or separation for ADU, unless specifically authorized by a written agreement provided by ADU or a specific provision of this Policy. The Creator is required, upon leaving ADU, to return any ADU Intellectual Property or other confidential information in his or her possession, whether in tangible or electronic form.
16. Commercialization and Revenue Sharing
Intellectual Property can be commercialized through assignments or licenses of part or all of the ADU Intellectual Property to a third party, from which royalties or other payments can accrue, or through direct manufacture or marketing of the ADU Intellectual Property by or on behalf of ADU to the public.
“Gross Revenue” shall mean all royalties and other revenues received by ADU directly attributable to the license or commercialization of identifiable ADU Intellectual Property such as a Patent or Copyright.
“Net Proceeds” shall mean the revenues remaining after Expenses have been deducted from Gross Revenue.
“Expenses” shall include costs (one-time and ongoing and administrative overhead), fees, processing charges, legal fees, drawings, government filing fees, accounting fees, administrative charges levied by certain officers or departments within ADU (such as the ADU Intellectual Property Committee), reimbursements to Creator, and all other applicable expenses.
The specific costs that are deducted from any particular project shall be determined on a case-by-case basis using guidelines to be adopted on an annual basis by ADU. Certain fees may be capped and, upon reaching the cap, may no longer be deducted in calculating Net Proceeds. The specific fees that may be capped shall be determined either on a case-by-case basis or in accordance with an annual report or update to this Policy published by ADU. The remaining Net Proceeds shall be distributed as set forth herein:
Cumulative Net Proceeds
ADU (including ADU General Fund and Office of ADU IP Commercialization and Administration
Notwithstanding the foregoing or any other provision of this Policy to the contrary, ADU administration shall have the discretion to alter or withhold the allocations described above on a case-by-case basis. If the Creator separates from ADU, the allocations shall be reviewed by and re-determined by the Intellectual Property Committee or such other review committee to be formed at the direction of the President.
17. Transfer of Intellectual Property to Creator
The Creator of a work that is ADU Intellectual Property under this Policy may request that the University transfer ownership of the work to the Creator. Such a request must be made to the ADU Intellectual Property Committee. The Committee will act as expeditiously as reasonably possible in considering such requests by Creators. In certain circumstances, the University may require reimbursement by the Creator for out-of-pocket expenses the University has incurred in connection with the work, including legal and marketing expenses (if any). The University may also require the Creator to grant to ADU an irrevocable royalty-free non-exclusive license to use the work for ADU’s own non-commercial purposes. Notwithstanding the foregoing, final decisions regarding transfer of ADU Intellectual Property to the Creator shall be made in the sole discretion of the University.
Section II. Copyright Specifics
1. Copyright Specific Issues
1.1. Overview of Copyright Issues of Policy
As a starting point, this Policy embodies ADU’s commitment to respect the copyright rights of all copyright owners. Section I applies to Copyrights as a form of Intellectual Property. This Section II is directed at Copyright issues alone, and should be read in conjunction with the rest of the Intellectual Property Policy. This Section explains and outlines relevant statutes and ADU’s practices relevant to works of authorship and copyright rights and provides guidelines and tools for the ADU Community to ensure they appropriately create and use copyrighted works of authorship and respect the rights of copyright owners. This Section II should also be read in conjunction with the Student Copyright Policy.
1.2. Key Principles for Copyrights and Works of Authorship
The following additional principles are provided in addition to those in Section I.3.1. Except as specified for limited works identified in this Policy, such as Academic Works, works of authorship authored or created by an ADU Community Member in his or her role as an employee at ADU or during the time when the Member is engaged in Institutional Activities at ADU or using Substantial ADU Resources shall be owned by ADU either as a work made for hire or by assignment.
2. Copyright Law Overview
To educate ADU Community Members, the following overview of certain relevant aspects of copyright law is provided.
2.1. Copyrighted Works
A writer, artist, singer, computer programmer or other author of an original work of authorship, referred to as an author in the U.S. Copyright Act, is provided with certain exclusive rights to control and to authorize how his or her work is reproduced, adapted, distributed, publicly performed, and publicly displayed. (See 17 U.S.C. § 106). Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. (17 U.S.C. § 102(a)). Copyright protection for an original work of authorship covers expression of ideas but does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery.
(17 U.S.C. § 102(b)).
The Copyright Act automatically grants a copyright the moment an original work of authorship is fixed in a tangible form. Additional rights, however, can be acquired through registration of a work of authorship with the U.S. Copyright Office. Registration should be considered for any work that is to be used commercially or in the operation of ADU, such as Online Course Content, software, videos and sound recordings, and certain curriculum. Such works should be labeled as copyrighted with the use of the “©” symbol, followed by the owner and year of publication, plus the words “All rights reserved.”
Copyright protection extends to a range of original works of authorship including: literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures and other audio visual works, sound recordings, software, and architectural works.
2.2. Copyright Term Limits and Works in the Public Domain
Copyright protection is not perpetual, but extends for a limited but lengthy term. The term of copyright protection may vary based on the date of creation of the work and the identity or status of the author, such as whether the author is an individual or a corporation. (See 17 U.S.C. §§ 302-305). For example, under U.S. law, copyright in a work of authorship created by an individual author after January 1, 1978, lasts for the life of the author plus 70 years. For works of authorship where the author is unknown or the copyright owner is a corporation, copyright lasts for the shorter of 120 years from the creation date or 95 years from the publication date.
Once a work’s copyright term expires, it enters the public domain and can be freely used by anyone without permission. A determination of a work’s remaining copyright term often requires an in-depth consideration of several factors. Accordingly, ADU Community Members shall seek a determination of the copyright term and expiration date of a work published after 1923 from the Intellectual Property Committee and ADU legal counsel prior to use in Institutional Activities as a public domain work unless the work is clearly labeled as in the public domain.
For more information about determining the term of any copyrighted work, please refer to the resources identified in Section II.3 below.
2.3. Limitations on Exclusive Rights
In general, the reproduction, public performance, public display, and distribution of a copyrighted work and the creation of derivative works from a copyrighted work are controlled by the Copyright Owner as exclusive rights. Use without permission or a license is considered copyright infringement except in certain circumstances. Note that in general, activities on the ADU campus including classes are considered public.
Under U.S. copyright law, the exclusive rights of copyright owners are subject to a range of statutory limitations, such as the right of first sale (commonly referred to as “the first sale doctrine”), special classroom exceptions, limited rights for reproduction by libraries and archives, and fair use. Uses that qualify under the requirements of any of these statutory limitations is not considered infringement under U.S. copyright law, but application of the statutory limitations often require a complex legal analysis to ensure that there is not copyright infringement. ADU Community Members should obtain copyright education to help them apply the statutory limitations to use of copyrighted works.
2.4. Copyright Statutory Limitation Sections
The Copyright Act includes certain sections (17 U.S.C. §§ 107-122) that contain limitations on copyright ownership rights for certain uses, users, and technology. Several of these statutory limitations are pertinent to ADU and the ADU Community, and are addressed briefly in this Policy as follows:
2.4.1. Fair Use (Section 107)
United States copyright law recognizes that there are specific uses, namely, criticism, comment, news reporting, teaching, scholarship, and research that are necessary to promoting intellectual progress. The Copyright Act recognizes the fair use doctrine that is applied as a defense to an infringement claim. The four factors that are used in determining whether a use qualifies as fair use are:
(1) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the copyrighted work. (17 U.S.C. § 107)
A court determines whether a use qualifies as a fair use, applying the specific facts of the case to the statutory factors in view of prior case law. The application of these factors is not precise, and it is difficult to anticipate the outcome of a particular case. To this end, while certain activities of ADU and the ADU Community may qualify as a fair use, fair use should be relied upon by the ADU Community with caution. ADU Community Members should seek the advice of the Intellectual Property Committee if they are unsure whether they may rely on fair use for a particular use of a copyrighted work.
2.4.2. Reproduction by Libraries and Archives (Section 108)
Copyright law recognizes several limitations on the exclusive rights of a copyright holder that apply only to qualifying libraries or archives. A qualifying library or archives, or any of its employees acting within the scope of their employment, may reproduce or distribute a limited number of copies of a work for certain non-commercial uses (17 U.S.C. § 108). The right of libraries or archives to make copies of works under this section, however, is subject to several stringent conditions. For example, a library can copy an article or small portion of other types of works of authorship and give it to a library user provided that the library includes a copyright notice on the copy and has no reason to know that the user intends to use the copy for anything other than private study, scholarship, or research. Given the detailed requirements for compliance with Section 108, the ADU library shall seek the advice of the Intellectual Property
Committee and ADU Legal Counsel to develop policies and procedures to ensure that any such reproduction or other use in relation to Section 108 is in accordance with U.S. copyright law.
2.4.3. The First Sale Doctrine (Section 109) and Lending by Non-Profit Libraries
Section 109 of the Copyright Act provides what is known as the “First Sale Doctrine.” While Section 106 grants a copyright holder the exclusive right to distribute copies or phonorecords of the copyrighted work to the public by sale, rental, lease, lending, or other transfer of ownership, Section 109 limits that right to only the first sale of a copy or phonorecord. Section 109 states that once title on an individual copy of a work has been transferred, each subsequent owner has the right to sell or otherwise dispose of that copy without permission from the copyright owner. Importantly, the possessor of the copy of the work is not granted any rights under the copyright to make further copies, only the right to dispose of their own copy. The limitation in Section 109 on the exclusive right to distribute copies of a copyrighted work is essential for the ability of a library to lend copyrighted works without seeking permission from the copyright owner. Also, purchasers of a copy of a work can resell the copy (such as reselling used textbooks) without permission or a license from the copyright owner.
There are, however, important exceptions to Section 109. For example, media containing sound recordings or computer programs can be sold under the first sale doctrine but cannot be rented, leased or lent for direct or indirect commercial advantage. Section 109 does allow non-profit libraries to lend music and software if they meet certain requirements. ADU and the ADU Community shall follow the permitted practices provided under Section 109.
2.4.4. Special Classroom Exceptions (Section 110)
The Copyright Act includes recognition of a need for teachers to present copyrighted material during their face-to-face and online instruction and lessons. Section 110 addresses this issue by granting teachers and students at non-profit schools a right to use, perform or display copyrighted works of authorship in certain teaching situations. For a use to qualify under the exception granted by section 110, it must meet a number of requirements. These requirements are different for face-to-face teaching and distance instruction. Information about the requirements can be found in the resources listed in Section II.3.
ADU shall conduct its instruction and classes in accordance with the requirements of Section 110. The ADU Community should consult the ADU Intellectual Property Committee with questions about applying the teaching exceptions in Section 110 to their use of copyright material for educational purposes.
2.5. Copyright Infringement
Unless a limitation to the exclusive rights of a copyright owner (such as those in Sections 107 to 110 discussed above) or another defense applies, anyone who violates any of the exclusive rights of the copyright owner as provided by U.S. copyright law, or who imports into the United States copies of copyrighted material that are either illegal where purchased or would be illegal if made in the United States, is an infringer of the copyright for that material.
Copyright infringement can occur in several manners: direct, contributory, and vicarious. Direct infringement requires the actor to directly infringe one or more of the exclusive rights of a copyright owner for a particular work of authorship. Contributory infringement occurs when a person or institution knew or should have known about the direct infringement and contributed to it. Vicarious infringement occurs when a person or institution knew or should have known about the direct infringement and benefited financially from it.
If an ADU Community Member has a question about the use of a copyrighted work, he or she shall consult the Intellectual Property Committee and ADU legal counsel prior to any such use.
3. Further Information of Copyright
ADU provides helpful resources for educating and assisting the ADU Community on the correct use of copyrighted materials in various situations. These materials can be found on the University website and some are listed in the following subsections.
ADU does not endorse the validity or content of any of these resources, but provides them for the educational value of such resources. For additional help in making decisions regarding copyright, ADU Community Members should contact the ADU Intellectual Property Committee.
3.1. Guidelines for Proper Use of Copyright Materials
These guidelines are not statutory law, but simply guidelines produced by representatives of users, copyright owners, and others in the relevant industry, and as such, do not provide infallible guards against infringement.
3.2. Educational Resources
In addition to guidelines, ADU provides access to various resources for students, Faculty, and staff to use in determining if a use of a work is permitted.
University of Texas’ Copyright Crash Course, http://www.lib.utsystem.edu/copyright/
Stanford University Libraries, Copyright and Fair Use, http://fairuse.stanford.edu/
North Carolina State University’s TEACH Act Toolkit, http://www.provost.ncsu.edu/copyright/toolkit/
U.S. Copyright Office, http://copyright.gov
Columbia University Libraries’ Copyright Advisory Office, http://www.copyright.columbia.edu/permissions
4. Peer-to-peer File sharing
Peer-to-peer file sharing has gained popularity over the last several years as a way to obtain and share files online. Peer-to-peer networks allow people to download and upload material to and from any computer on the network. These networks make it easy for people to freely copy and distribute or download copyrighted works.
Copying and distributing copyrighted works, such as music, movies, and textbooks, without permission or a license may violate copyright law. A growing use of peer-to-peer file sharing among University students is downloading textbooks. Even though the textbooks are used for education, downloading them simply to avoid paying for them likely does not qualify as fair use, and is copyright infringement unless a particular limitation or defense applies.
ADU’s computer use policies state that the computer network on campus is not to be used for any illegal activity. This includes downloading and uploading works in violation of copyright law. Anyone who downloads or uploads copyrighted works illegally, whether through a peer-to-peer network or other means, will be subject to the penalties outlined in the University’s computer use policies.
In the absence of clear guidance to the contrary elsewhere in this Policy, ADU recommends that ADU
Community Members seek to obtain permission from the copyright owner before using copyrighted works not owned by ADU. Permission and rights for use of copyrighted works are often readily available. The copyright owner may control licensing directly, or rights may be available from a licensing agency such as the Copyright Clearance Center (for articles), ASCAP (for music), or Swank (for movies).
Before requesting permission to use a work, ADU Community Members should check with the ADU library to find out what rights ADU already has for use of the work. The library’s licenses for electronic access to a text-based work may include some reproduction and distribution rights. For audio-visual materials, the library may have public performance rights for a performance not covered by Section 110 of the Copyright Act, or the library staff may be able to obtain those rights from the distributor. For software, an ADU department such as IT may have rights through a license.
6. Guidelines for Determination of Authorship
Within the academic environment of ADU there is often some level of expectation regarding authorship or acknowledgement on the part of those contributing to a work. As a result, it is important to address questions of authorship at the earliest practical stage of a creative, collaborative project or research project. Such communication can clarify roles, spur motivation, and minimize disappointments among the participants.
Authorship should be discussed at the beginning and the end of work on a work of authorship, and whenever significant changes occur in the project or roles. It is also important to make it clear to all participants from the start that final decisions about authorship can be extended until the time of submission.
Issues relating to authorship vary with the project. The following general principles should serve as a guide for authorship inclusion across ADU.
· Authorship should be restricted to those individuals who have met each of the following criteria: 1) made a significant contribution to the conception and design of the project, or the analysis and interpretation of the data, or other substantial scholarly effort; and 2) participated in drafting, reviewing and/or revising the work.
· Each author should have participated sufficiently in the work to take full responsibility for his or her contributions to the content.
· Acquisition of funding, collection of data, general supervision of a research group, technical help, or writing assistance does not justify authorship. Anyone who does not meet the above authorship criteria but who has made other substantial contributions should be acknowledged in the final product.
· Honorary or courtesy authorships are inconsistent with the principles of this Policy and, as such, are unacceptable.
7. ADU Works
7.1. Works Made for Hire
Any works that are created in the scope of an ADU Community Member’s employment or affiliation with ADU, or created by a Member of the ADU Community at the request of ADU or as part of an ADU undertaking, or that otherwise constitutes a work made for hire under the copyright laws of the United States, shall be owned by ADU as provided in Section I.8.1. By way of example, these works may include training, educational, or policy materials, Online Course Content, Course Content commissioned by ADU, articles written for the ADU news office, patient handbooks created by ADU Community, including professional, administrative or other staff, at the request of ADU or as part of an ADU undertaking, and ADU Software created by individuals who are employed by ADU as programmers within the scope of their employment. To the extent that any of the foregoing works constitutes a work made for hire under U.S. copyright law, ADU shall own the work in the first instance as the author. To the extent that any of the foregoing works does not constitute a work made for hire, but is an ADU Work, ADU shall own the work by assignment from the individual Creator. ADU Community Members agree that they will and do assign at the time of creation the copyright in any works that are to be owned by ADU under this Policy.
7.2. ADU Course and Course Content
If ADU commissions the creation, adaptation, or translation of a Course or Course Content, ADU will own all Intellectual Property in such ADU Course and Course Content created by an ADU Community Member. ADU Faculty own their course notes and other materials that they create in non-commissioned ADU Courses, subject to the grant of a perpetual, non-exclusive license to ADU and ADU Community Members to use, adapt, reproduce, distribute, make derivative works and recordings of, and otherwise exploit the materials in Institutional Activities.
7.3. ADU Online Courses and Online Course Content
ADU has developed and continues to develop certain Courses, including Online Courses. All such Online Courses and all Online Course Content shall be considered commissioned by ADU as a work made for hire to be owned by ADU, and to the extent such Online Course Content does not qualify as a work made for hire, to be assigned to ADU by the Creator. Participation in the creation of any Online Courses or Online Course Content by an ADU Community Member will be with the understanding and agreement that ADU will own the Copyright in Such Online Courses and Online Course Content.
7.4. Audio visual recordings and files
Ownership rights in videotapes, digital recordings, or other recordings of all courses, and the parts thereof, that are made by or on behalf of ADU or with Substantial ADU Resources shall rest with the University. Ownership of the recording itself and related copyright in the recording does not mean that the ADU claims ownership of the Pre-Existing IP presented in the recording.
7.5. Use of ADU Course Content: Commercialization
A Faculty, notwithstanding copyright ownership, may not commercialize Course Content created or taught at the ADU without the approval of the President and conformance with this Policy.
19.10 Food Service
The N.E.S.S. Café located in the Campus Center offers a variety of food items. Florida Hospital offers full meal options at a 30% discount for students and University employees with a valid ADU identification card. Vendor items are not discounted.
19.11 Sabbath Observance
In keeping with the Seventh-day Adventist belief of the sanctity of the Sabbath, ADU gives special emphasis to the Sabbath hours (sundown Friday evening to sundown Saturday). All on-campus work activity is suspended during this period and may resume after sunset on Saturday evening. There are however, worship activities, for example, Ecclesia and occasional faculty and staff worship activities on campus. Campus offices are closed from 3:00 p.m. Friday until 8:00 a.m. Monday, except the Library, which is open on Sunday evenings 3:00 p.m. to 9:00 p.m.
19.12 Breastfeeding Support Policy
Adventist University will provide nursing mothers with work breaks each day, to permit them to express breast milk for a period of one year following the birth of their child (According to Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)).
A lactating mother typically needs to breastfeed and/or express milk about every three to four hours (according to Breastfeeding Basics). The frequency of breaks as well as the duration of each break will vary. The time spent to breastfeed and/or express milk should not exceed 20% of your work day.The nursing mother is expected to plan and fulfill their work obligation.
ADU will provide employees who desire to use this benefit with a private room that is free from intrusion to express their milk during work hours. The room will include an electrical outlet, comfortable chair, and nearby access to running water (not necessarily in the room). Employees may use their private office (but not open or cubicle offices) provided that the office is free from intrusion.
Employees may use their own cooler packs or may store milk in a designated refrigerator, if available. They should provide their own containers, clearly labeled with their name and date. They should take the milk home at the end of each work day.
An employee who desires to use this benefit is expected to request lactation support prior to or during maternity leave, preferably no later than four weeks before returning to work, by completing a Breastfeeding Support Accommodation Request form (see Appendix Q) and submitting it to the Chief Compliance Officer. In addition, she must notify the Chief Compliance Officer of any change to the request. The Chief Compliance Officer will notify the supervisor of the nursing mother’s request.
Upon receiving the Breastfeeding Support Accommodation Request form, an appropriate space will be identified.
Management and employees are expected to provide an atmosphere of support for employees who desire to use this benefit.
Questions regarding location site and other issues should be directed to the Chief Compliance Officer.
19.13 Jury Duty
Employees who are called to serve on jury duty will notify their Department Director or Supervisor so that arrangements may be made to cover their responsibilities.
Employees may retain the standard jury fee even though they are paid their regular, full salary by ADU.
Reasonable leave time will be permitted to vote in local, state, and federal elections if, due to work schedule and commuting distance, it is impossible or very inconvenient for the employee to vote either before or after working hours. Arrangements should be made with the appropriate Department Chair or Supervisor.
19.15 Hiring of Relatives
It is the policy of Adventist University of Health Sciences to assure that all employees are hired, promoted, and supervised on the basis of individual merit and to prevent the showing of favoritism toward a relative. If it is deemed appropriate to employ an employee’s relative, the employee cannot make or take any action to influence the decision to employ another relative, supervise or manage the work or responsibility of another relative or make or take any action to influence any decisions related to another relative’s compensation, evaluation of performance, or disciplinary actions.
19.16 Work Schedules and Rest Periods
Employees may take 10 minutes rest for every four hours worked as the work load permits. Rest periods may not be taken immediately at the start or at the end of work days, nor immediately preceding or immediately following lunch periods. Employees must obtain permission from their supervisor when taking their rest period outside of their work area.
19.17 Hazardous Material Policy
It is the policy of Adventist University of Health Sciences to provide and maintain a Hazard Communication Program as required by the Occupational Safety and Health Administration (OSHA) Code of Federal Regulations Title 29 Part 191 0.1200 “Hazard Communication’ and by the “State of Florida Statutes,” Chapter 442, “Right-To-Know” laws. The purpose of this policy is to insure that faculty, staff, and students working with hazardous materials are well informed of the hazardous materials present in the work place and the safe handling of those materials.
The University contains a variety of chemicals and other materials that may pose a potential health risk to those working with or around them. Employees and supervisory personnel must take the necessary steps to train employees and students to be aware of what materials are present in their area, how to protect themselves from exposure, and the proper methods for safe handling and disposal. Although Right-To-Know laws are specifically directed toward hazardous (chemical, radiation, compressed gas, asbestos, etc.) substances and not bio-hazardous (blood and body fluids) material, all other potentially hazardous materials, including bio-hazardous, should be looked at in a similar manner.
19.18 Campus Safety Manuals
Refer to the R Drive under Campus Safety.