Policy 4.2.1 —Intellectual Property
Policy 4.2.2 —Live Client Projects
Procedure 126.96.36.199 —Live Client Projects
Policy 4.2.3 —Instructional Material Selection
Procedure 188.8.131.52 —Surplus Instructional Material
Policy 4.2.4 —Instructional Personnel Qualifications
Policy 4.2.5 —Field Trips
Policy 4.2.6 —Classroom Management
Policy 4.2.7 —Accreditation
Procedure 184.108.40.206 —Substantive Changes
Procedure 220.127.116.11 —Non-Substantive Changes
The College acknowledges the ownership rights associated with intellectual property and requires
students and employees to adhere to all applicable state and federal laws. Intellectual property may be defined as any intellectual or creative works that can be copyrighted, trademarked or patented. Such works may include but are not limited to literary, musical, dramatic or artistic works, computer software, multimedia presentations, brand marks or inventions.
I. Works Made for Hire
The College recognizes that the “works made for hire doctrine” applies to College employees. Under this doctrine and this policy, a work made for hire is defined as a work prepared by any employee within the scope of his or her employment. Other works created under the terms of an agreement between the College and a creator may also be deemed works made for hire under that agreement. Works made for hire include any materials that may receive protection under federal patent, copyright, or trademark law. The College retains its ownership of works made for hire and all rights incidental to that ownership except as stated below.
This policy does not include independent works by employees that were not created within the scope of employment and without College support.
II. Academic Exception for Copyrightable Works
The College recognizes an academic exception to the works made for hire doctrine. Unless otherwise determined by the College prior to the creation of the Work, it is the College’s policy that employees own and retain the copyright, and all rights incidental to that ownership, to works created for traditional academic purposes regardless of any use of College resources used in making the work.
This exception applies only to works that may be legally registered in the United States Copyright Office, including but not limited to, textbooks, scholarly monographs, trade publications, maps, charts, articles, novels, nonfiction works, supporting materials, artistic works, syllabi, lecture notes, educational software and multimedia. Employees, however, may not use College resources to commercialize or publish a work without written approval from College administration.
For any creative work that falls under this exception, the employee grants and the College retains a perpetual, royalty-free, non-exclusive right to use the work for educational, research and marketing purposes.
This exception does not apply to trademarks, inventions or patent ownership.
III. Student Works
Except as stated herein, the College recognizes that students retain ownership of intellectual property submitted in fulfillment of academic requirements. By enrolling in the College, the student gives the College a perpetual, non-exclusive, royalty-free license to mark, modify, and use, any work as may be required by the process of instruction, or for other educational, research or marketing purposes.
This section does not apply to class or lab notes created by a student.
The College shall retain the ownership of all patentable inventions created by a student in fulfillment of academic requirements under the following conditions: the development of the invention involved substantial use of College resources, including use of facilities, time, and/or other resources.
IV. Other Agreements
In support of its mission, the College, an employee or a student may voluntarily enter into other agreements for ownership of intellectual property or the sharing of royalties. In these instances, the written agreement is controlling, not this policy.
In the case of a work created under the provisions of a grant, the terms of the grant will determine the ownership and all rights incidental to the ownership of the property created, not this policy.
All revenue derived by the College from the creation and production of intellectual property shall be used for educational and research purposes that directly support the College’s mission.
V. Dispute Resolution
A. Prior to creating works using College resources, employees and students should direct intellectual property ownership questions to the appropriate Vice President.
B. Employees. If issues related to ownership of intellectual property arise and cannot be resolved informally, College employees may seek resolution through Policy 3.3.8 – Employee Grievance Policy. Prior to initiating litigation, both parties will participate in voluntary mediation before a neutral third-party mediator and will equally share the cost of such mediation.
C. Students. If issues related to ownership of intellectual property arise and cannot be resolved informally, College students may seek resolution through Policy 5.3.6 – Student Grievance Policy. Prior to initiating litigation, both parties will participate in voluntary mediation before a neutral third-party mediator and will equally share the cost of such mediation.
Adopted: September 9, 2019
Live client projects are defined as:
A. Educational programs in which students, as part of their educational experiences and as part of the instructional course requirements, repair or remodel non-college owned personal or real property; or
B. Educational programs that construct structures that are sold, produce goods that are sold, or provide services for a fee, such structures, goods or services being the normal and necessary product of learning activities of students.
Live client projects are intended to be used exclusively as an educational and learning activity for students and shall not be used as a revenue generating activity nor compete with commercial businesses.
The President is hereby delegated to develop procedures that are consistent with the State Board Code for live client projects.
Adopted: September 9, 2019
Legal Citation: 1H SBCCC 300.1
I. Approval for Live Projects
A. Program Based Live Client Projects
For College programs that have a clinical/lab component which are open to the public a routine part of the curriculum and program, the Dean or designee responsible for the program shall make an annual report at the end of each semester to the Vice President of Instruction regarding live client projects. The Vice President is authorized to approve the continued use of live client projects for these programs.
B. Specific Live Client Projects
If an instructor desires to implement a specific or new live client project, the instructor shall provide a written summary of the project to the Dean or designee for review. The Dean or designee shall review and provide written recommendation to the Vice President for Instruction. The Vice President is authorized to approve specific or new live client projects.
II. Client Selection
Preference and selecting for clients for live projects shall be given to current students, employees and Trustees. When, however, it becomes necessary to solicit outside clients in order to provide students with enough experience to carry out the desired live project, the instructor responsible for the live project shall adopt specific, written criteria for selecting outside clients. The criteria must be approved in advance by the Vice President for Instruction and shall not be inconsistent with the State Board Code. The course instructor has discretion on whether or not to undertake a project on the basis of whether or not it fits in with the course curriculum.
III. Client Charges
Under State Board Code, the College is authorized to charge clients for goods and services produced through live projects. For live projects involving repair or remodeling non-College owned personal and/or real property, the owner of the property shall supply or pay for all parts required. For live projects involving the construction for structures that are sold, produced goods that are sold, or services that are provided, the College shall charge the client for the value of the structures, goods and/or services.
IV. Use of Live Client Project Receipts
All costs that otherwise would not have been incurred absent the live client project shall be supported by funds from the College’s account that receives the live client project receipts and shall not be supported from State funds. These costs include, but are not limited to: supplies and materials used in producing the good or service; additional personnel required to serve clients; specialized equipment; liability insurance; and other costs directly related to the live client project as distinguished from an instructional program that does not produce income. In the context of construction live client projects, these costs include, but are not limited to: all building materials; land; land improvements; amounts paid to subcontractors for work not performed by College students or employees; any actual interest paid on construction loans or financing arrangements provided for by a partnering third-party entity; and any legal fees and closing costs that may be required. Live client project receipts may also be used to supplement instructional costs of those programs engaging in live client projects. The instructor responsible for the live project shall maintain detailed records so that the College may prepare annual financial statements and a complete audit of the account may be made after the close of the fiscal year.
A. Where federal programs are involved, federal regulations do not permit goods to be sold. In such programs, goods produced may be used for the benefit of the College or donated to another nonprofit charitable organization, educational agency or institution.
B. For live projects that involve the repair of equipment purchased with State funds or Federal surplus property, the repair of this equipment and its sale as surplus shall follow the State Division of Purchase and Contract regulations. The proceeds of such sales shall be deposited with the State Board of Community Colleges and credited to the College’s equipment budget.
C. The College may use a combination of State funds and live client project receipts to support costs associated with providing services to patrons, such as cosmetology and dental hygiene services.
V. Construction Live Projects
A. The College shall not engage in live client construction projects that repair or remodel property for companies or individuals that are in the construction business, unless the property undergoing repair or remodeling is used in the usual course of the business and is not being resold.
B. For construction live client projects where a permanent building is constructed on the College’s campus or on property owned by the College, the College shall follow all requirements of the General Statutes in acquiring the building materials and any subcontracted work, as well as in disposing of the building and property. College employees on the College’s permanent payroll are permitted to perform construction or repair work as long as project costs do not exceed the maximum thresholds established in G.S. 143-135. A project cannot be subdivided to evade the provisions of G.S. 143-135.
VI. Liability Issues
A. Prior to entering into any live client projects, the instructor for the live project must obtain all the appropriate signatures on the Live Client Project Agreement Form1. The participating clients must sign the form, acknowledging the waiving of all liability for work, projects and services provided by the College. The participating clients shall assume any and all risk, as well as all future liability, for the live client project when the College declares the students/instructor(s) involvement terminated and the live client project finished.
B. For any live projects conducted off-campus, prior to the project beginning, the participating client must provide documentation of liability insurance covering the College’s Trustees, employees, students and agents in an amount no less than half of one million dollars, from an insurance company authorized to conduct business in North Carolina.
Adopted: September 9, 2019
Legal Citation: 1H SBCCC 300.1
1 Will need to create a new form if not already in use. Campbell Shatley is happy to either assist or help create a form.
A. Overall responsibility for seeing that instructional materials are timely ordered rest with each Dean or designee for their academic department.
B. Instructors will order instructional materials utilizing the system developed by the College in partnership with the bookstore vendor. At least every four (4) years, the Board shall review the College’s mark-up on textbooks and other instructional materials sold through the bookstore to determine if the mark-up is appropriately balanced between affordability for students and other priorities identified by the Board.
C. Requests for textbooks and other instruction materials are to be made as soon as possible after the next semester schedule is completed. All requests should specify the course in which the textbooks are to be used.
D. Program Director/Chairperson will be responsible for acquiring textbooks and other instructional materials for adjunct faculty.
E. Where possible, instructors should be mindful of the cost of instructional materials for students.
Adopted: September 9, 2019
Legal Citation: 1H SBCCC 300.3
When books and book-like media (i.e., audio visual materials, CD’s, electronic resources and other learning resources of durable nature) (“Instructional Material”) originally purchased from State or federal funds are no longer useful to the College, the College shall dispose of the Instructional Material as follows:
1. Destroying locally, through standard recycling methods or disposed of by the College through a local sale;
2. Disposing of through a profit-sharing arrangement with a company that resells and recycles Instructional Material;
3. Disposing of through donations to non-profit, tax-exempt organizations, (including the College’s Foundations) or tax-supported agencies or institutions; or
4. Disposing of through a public bid sale by the State Surplus Property Agency.
The College shall maintain records and receipts of each sale for auditing purposes. The College shall use any receipts generated from the sale of surplus Instructional Material to purchase additional Instructional Material.
Adopted: September 9, 2019
Legal Citation: 1H SBCCC 400.2
When employing instructional personnel, the College shall adhere to the following criteria:
1. The College shall employ instructional personnel to meet Southern Association of Colleges and Schools’ Commissions on Colleges criteria.
2. The College shall determine appropriate teaching and non-teaching loads for instructional personnel to meet Southern Association of Colleges and Schools’ Commissions on Colleges criteria.
3. Programs which have additional agency credential requirements will ensure that instructional personnel will meet agency requirements. Examples include, but are not limited to, Emergency Services Training.
Adopted: September 9, 2019
Legal Citation: 1C SBCCC 300.97
Field trips are considered a very important aid in the communication of knowledge, ideas, and understanding to students. Instructors are encouraged to plan and make use of this teaching aid. The following regulations should be observed:
1. Field trips are to be planned in advance, with pre-instruction, post-discussion and evaluation being of prime importance in the planning.
2. The industry, business or destination visited should be engaged in practices which demonstrate something related to the subject matter being covered in the course.
3. All arrangements are to be made by the instructor in advance of the trip.
4. Transportation shall be arranged by the instructor. Students must bear the cost of transportation unless travel is being otherwise arranged by the College in advance.
5. When students on a field trip are to miss classes taught by other instructors at the College, prior approval is to be obtained from the instructors involved. Instructors may exchange class meeting times to make up hours lost if approved.
6. An approved Field Trip Form must be submitted and approved by the Dean or designee and appropriate Vice President at least five (5) days prior to the field trip.
7. Field trips that include minors require additional documentation and approval.
B. Use of Program Area Travel Funds
1. Each program area will be assigned a travel budget for the fiscal year. The Dean or designee is responsible for coordinating and regulating the use of these funds. All requests for use of the funds should be directed to the Program Director/Chairperson prior to the planned trip. Requests for travel reimbursement from State funds, which do not have prior approval by the Program Director/Chairperson and the appropriate Vice President, will not be honored.
2. For in-state travel, out-of-state travel, or other special action, a Travel Authorization Form must be submitted along with the Field Trip Form.
C. Voluntary Educational Travel
Adopted: September 9, 2019
Amended: January 9, 2022
All College classroom instructors shall adhere to the following provision in carrying out job duties
and employment responsibilities.
A. Promptness − Punctuality is a valuable habit desired by all employers. College employees can help to develop this habit in their students by meeting with their scheduled classes or other meetings at the time designated and by insisting that students also arrive on time. If an instructor fails to meet his/her class within fifteen (15) minutes past the designated starting time, students are to sign their names on a roll and are then excused.
B. General Housekeeping − Prospective students, student employers and numerous other interested individuals routinely visit the College. It is important that all employees be active in helping to maintain an orderly and well-organized appearance. The proper attitude toward clean and orderly classrooms, shops, labs and other work spaces can be passed on to the student by their instructor’s attitude and actions.
Employees can aid the custodial staff by ensuring that:
1. Smoking and the use of smokeless tobacco products are prohibited in all College buildings and on campus. Food is not allowed in posted areas.
2. Paper and other materials which accumulate during the day are picked up prior to leaving the classroom.
3. All tools are locked in their proper storage place at the end of each class or day and all equipment is secured properly.
4. Furniture is left in an orderly appearance. In general, disarrangement of a classroom because of teaching activities shall be corrected by the students in the class under the supervision of the instructor in charge.
5. All labs are secured according to established departmental procedures.
C. Discipline − Effective discipline must be maintained in all learning environments.
Each instructor has the responsibility of handling any discipline problems that arise in class. Extreme cases are to be immediately referred to the appropriate Vice President. Upon request by the instructor, administrators will serve as mediators in extreme or reoccurring disciplinary issues. The College will not condone prolonged disruptive activities by students or groups of students. Student disciplinary matters shall be dealt with pursuant to College policy.
D. Professional Appearance – Instructors should always present an appropriate professional image in accordance will the Colleges policy on Professional Dress. E. Safety – Every instructor should maintain a proper attitude toward safety. The instructor’s attitude and habitstoward safety have a profound influence on the habits and attitudes formulated by the students. It is extremely important that the following safety regulations be utilized by all instructors:
1. Safety rules and regulations specific for each program of instruction must be posted on laboratory and shop bulletin boards.
2. The instructor should demonstrate proper procedures for the use of dangerous equipment. Hazards should always be pointed out in advance. This aspect of safety training is to be utilized prior to any student being allowed to use equipment and machinery.
3. The instructor must always be present in shops and laboratories when machinery or equipment is being used by students. In the event the instructor must leave the area, another instructor should be placed in charge, or the shop should be locked.
4. Jewelry or loose clothing should not be worn when operating moving equipment. If neckties are worn, they should be of the bow or breakaway type.
5. Unauthorized students are prohibited from using equipment and machinery.
6. Long hair must be tied at the back and placed under a hat or some type of covering while working in any of the vocational shops.
7. North Carolina law requires that personal protective equipment (“PPE”) be worn by students, teachers and visitors to the instructional area where any of the following activities are conducted:
a. Working with hot solids, liquids or molten metal.
b. Milling, sawing, turning, shaping, cutting or stamping of any solid materials.
c. Heat-treating, tempering, or kiln firing of any metal or other material.
d. Welding of any type.
e. Repairing or servicing any vehicle.
f. Using caustic or explosive chemicals or materials.
g. Any other class or lab where PPE is required to ensure the safety of students and employees must be worn.
h. Storage of classroom materials shall adhere to all OSHA and regulatory standards.
8. Any visitor to a classroom, shop or laboratory, must be accompanied by a College employee.
9. Student’s children are not to be left unattended anywhere on campus and are not permitted to attend classroom sessions unless approved by the Vice President of Instruction.
10. Special permission must be obtained from the instructor before visitors will be allowed to attend a class or lab session.
F. Equipment and Furniture − It is the instructor’s responsibility to see that the equipment and furniture for each area is maintained. Abuse of equipment or furniture will not be tolerated and reported. Longer life and better care may be derived from equipment and furniture if the instructor will utilize the following practices:
1. Stress the importance and cost of equipment and furniture.
2. Emphasize that there is a proper tool or piece of equipment for each job.
3. Demonstrate and utilize recommended preventative maintenance methods. This includes keeping equipment clean and serviced.
4. Emphasize that equipment and furniture are not to be loaned or removed from the premises for any purpose. Special consideration may be given to this regulation when pre-arranged field trips or other conditions warrant the use of equipment away from the College. Prior approval and prior arrangements must be made with the appropriate administrator.
5. Report and/or repair damaged or broken equipment whenever possible. Damage, loss and stolen equipment should be reported to the Business Office immediately. New equipment must be checked and processed by the Business Office prior to its disbursement to classrooms or laboratories. Thereafter, the instructor in charge of each area shall be responsible for the accountability and care, of the equipment and furniture in that area.
Adopted: September 9, 2019
The College shall obtain and maintain regional accreditation by the Southern Association of Colleges and Schools’ Commissions on Colleges and appropriate program accreditation as determined by the College.
Adopted: September 9, 2019
Legal Citation: 1B SBCCC 400.96
As a SACSCOC requirement for membership, the College is required to comply with the current Substantive Change Policy for SACSCOC Accredited Institutions (the “Policy”). The College is required to notify SACSCOC of changes in accordance with the Policy and, when required, seek approval prior to the institution of changes.
I. Substantive Change Definition
Substantive change is a significant modification or expansion of the nature and scope of an accredited institution. Under federal regulations, substantive change includes:
A. Any change in the established mission or objectives of the institution;
B. Any change in legal status, form of control, or ownership of the institution;
C. The addition of courses or programs that represent a significant departure, either in content or method of delivery, from those that were offered when the institution was last evaluated;
D. The addition of courses or programs of study at a degree or credential level different from that which is included in the institution’s current accreditation or reaffirmation;
E. A change from clock hours to credit hours;
F. A substantial increase in the number of clock or credit hours awarded for successful completion of a program;
G. The establishment of an additional location geographically apart from the main campus at which the institution offers at least 50% of an educational program;
H. The establishment of a branch campus;
I. Closing a program, off-campus site, branch campus or institution;
J. Entering into a collaborative academic arrangement that includes only the initiation of a dual or joint academic program with another institution;
K. Acquiring another institution or a program or location of another institution;
L. Adding a permanent location at a site where the institution is conducting a teach-out program for a closed institution; and
M. Entering into a contract by which an entity not eligible for Title IV funding offers 25%, or more, of one or more of the accredited institution’s programs. In addition, the Policy lists additional substantive changes, both institutional and programmatic, that must be reported prior to implementation.
II. Reporting Substantive Changes
A. Institutional Substantive Changes
Any major change to the College’s operations or structure should be assessed in relation to the Policy. Once a change has been identified and an anticipated date of implementation has been estimated, the President’s Office and SACS Liaison will work together in submitting the requisite notice to SACSCOC, prior to implementation of the change.
B. Program Substantive Changes
Each year, the SACS Liaison will meet with Program Managers and Department Chairs to identify any program changes that may meet the definition of “substantive change”. Any changes that are in progress, planned for the future, or anticipated to be required at some later date will be identified.
Once a change has been identified and an anticipated date of implementation has been estimated, the SACS Liaison will work with the program involved, the Vice President of Academics, and the President’s Office in order to submit the required notification to SACSCOC.
III. Dissemination of Substantive Change Policy
The College recognizes the importance of timely identifying potential substantive changes so that SACSCOC may be notified within the required time frames.
Each semester, the SACS Liaison will review the Policy, and this Procedure, with the President’s Administrative Council and the Academic Affairs Committee.
IV. Cataloging Substantive Changes
The SACS Liaison will maintain an electronic and hard copy history of notifications sent to SACSCOC and responses from SACSCOC. Electronic copies will also be provided to departments or programs involved in the change.
The College will comply with the directives of the SACSCOC upon notification of submitted changes.
Adopted: September 9, 2019
Legal Reference: 1B SBCCC 400.1; SACSCOC Policy Statement (December 2016)
SACS and NCCCS program approvals are not included
When creating a non-degree certificate or diploma program at Montgomery Community College, we use courses included in existing approved associate degree programs unless there are no corresponding associate degree programs offered. As a result, our accreditation agency, the Southern Association of College and Schools (SACS) and our state agency, the North Carolina Community College System (NCCCS) has expressly asked us to Not notify them or seek individual approval for new non-degree certificate or diploma programs.