Article VI Academic And Personal Freedom

Article VI


ACADEMIC AND PERSONAL FREEDOM


Section A. Academic Freedom


The Board and the Alliance agree that academic freedom is essential to the fulfillment of the
purposes of the college, and they acknowledge the fundamental need to protect Professional Employees
from any censorship or restraint that might interfere with their obligation to pursue truth in the
performance of their functions.
The College acknowledges and agrees that course material developed for distance learning as
work for hire will be the property of the Developer and the College (all rights therein, including,
without limitation, copyright) and belongs to and shall be the shared property of the Developer and the
College. Upon leaving the employment of CCC, the developer may receive a copy of the course. Other
exclusions must be made explicit in the signed contract. Said course material will become a part of
CCC's repository, and all such courses may be scheduled as needed and may be taught by various
qualified faculty both during and after employment ceases. The course will be deleted from CCC's
repository with written permission from the Vice President of Academic Affairs.
Work for hire is defined as: 1) a work prepared by an employee within the scope of their
employment; or 2) A work specially ordered or commissioned for use as a contribution to a collective
work if the parties expressly agree in a written instrument signed by them that the work shall be
considered a work made for hire. (Pittsburgh State University vs. KBOR)

 

Section B. Personal Freedom

 

The personal life of a Professional Employee, especially concerning outside employment and
activities, is not an appropriate concern of the Board except as it may directly prevent the Professional
Employee from performing the employee's assigned functions or insofar as such activities, specifically
conduct prohibited by law, or conviction of a felony crime, reflect negatively on the College.
The exception to the aforementioned statement is that Professional Employees are precluded
from teaching competing courses for other postsecondary institutions or entities (excluding EduKan).
Professional Employees who pursue teaching opportunities with another institution or entity while on
contract with the College must submit a letter of request to the Vice President of Academic Affairs and
the Faculty Alliance designee. This letter should provide all relevant information about the intention of
the Professional Employee with regard to institution, course, and time/duration.
The Vice President of Academic Affairs and Faculty Alliance must review the request in a
timely manner and determine whether a competitive interest exists. There must be compelling evidence
that the request would likely harm the College to determine a competitive interest. Only if both agree
that a competitive interest exists will the Professional Employee's request be denied