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Internet Course Conversions:
Pointers for YUFA Members

13 Nov 03 - Increasingly, YUFA members are being asked to convert their courses to “alternate modes of delivery”, which can include any of the following:

  • Development of a course website

  • Listservs for online discussion among students in a course

  • Lectures and course readings disseminated via the internet

  • Videotaped lectures, either shown in classrooms or viewed at libraries or on the internet

  • Video segments taped by the instructor and interspersed in regular course formats

  • Email office hours, assignments, feedback to students, etc.

YUFA has prepared this factsheet for faculty members on the protections afforded by the YUFA Collective Agreement in relation to these issues. If you are requested to convert your course, or to teach a new course, using “alternate modes of delivery”, or if you are interested in doing so, here are a few pointers from YUFA.

1.  If you have reservations about using “alternate modes of delivery” but are requested to do so, ask Why. What is the evidence that this is pedagogically legitimate or effective?

2.  You have the right to say No, and you are under no obligation to convert a pre-existing course or develop a new course using “alternate modes of delivery”. Article 18.08.2 states:

“Normally, the structure, format and mode of delivery of courses shall be determined by the relevant unit(s) in conformity with the requirements of the curriculum as approved by Senate and with established practices.

For the purposes of Article 18, modes of delivery of instruction include correspondence courses, and courses delivered all or in part by technologically enhanced instruction, including, but not limited to, computer-mediated conferencing, teleconferencing and the Internet. Assignment of courses using alternate modes of delivery shall be consistent with the pedagogic and academic judgements and principles of the faculty member employee as to the appropriateness of the use of technology in the circumstances. Furthermore, it is recognized that not all courses are appropriate for alternate delivery. Normally, a faculty member will not be required to convert a course without his/her agreement. Disputes respecting these matters shall be submitted to JSIT or DRC for resolution.”

YUFA members who have taught courses using alternate modes, particularly on the Internet, highly recommend that you NOT agree to convert to alternate format a course that you have never taught before.

3.  The Joint Subcommittee on the Implementation of Technology (JSIT) is a committee which includes both YUFA and York University Administration representatives, and which is intended to provide a forum for resolving technology-related and Internet conversion problems.  Article 18.08.2 states:

“The parties agree to refer issues respecting courses employing alternate modes of delivery, including appropriate class size, to JSIT, which may make recommendations to the parties and, where relevant, to the appropriate Senate committees.”

If an issue arises which needs clarification, you may contact JSIT by calling the YUFA office.

Changes in existing practices at York must be discussed, and YUFA must be formally notified of such changes via the Joint Committee on the Implementation of the Collective Agreement (JCOAA). Article 17.01(e) states:

  1. “In matters not specifically covered by the Collective Agreement where changes in existing practices with respect to computing and information technology would have a significant impact on terms and conditions of employment and/or the professional responsibilities of all, or potentially all employees, changes in existing practices would be effected through written notification as per 17.01 (b) above.

  2. In matters of a Faculty-wide nature where technological change would have significant impact on terms and conditions of employment and/or professional responsibilities, changes in existing practices would be effected through written notification as per 17.01 (c) above.

  3. After receiving notification of a change in existing practices with respect to computing and information technology, JCOAA may refer the matter to the Joint Subcommittee on the Impact of Technology (JSIT) which shall normally have one month to discuss the proposed change(s) and to attempt to resolve any differences between the parties before the grievance time-clock starts to run.”

If changes in practices violate provisions of the Collective Agreement, YUFA can and will use grievance procedures to point this out and reach a satisfactory settlement for members. The Collective Agreement makes no distinction with regard to class size between Internet courses and on-campus courses, for example (see Article 18.08.1), and "mode of delivery" (Article 18.08.1(e)) is one factor to be considered in defining teaching workloads.

4.  YUFA members should be mindful that other York employee groups (staff, teaching assistants, part-time course directors) may also be affected by internet course conversions, and other unions may therefore be involved. The YUFA Collective Agreement mentions CUPE 3903 in particular, with reference to correspondence courses (Article 18.08.2).

Teaching, including the teaching of Internet courses, is YUFA bargaining unit work, and Article 21 prevents anyone but YUFA members from performing it, subject to a few specified exceptions.

5.  The Administration has committed to providing comprehensive support to faculty members who agree to convert their courses.  The 2003-06 Collective Agreement specifies, for the first time, that faculty members shall receive written notification of the resources available to them before a course is assigned.  Article 18.08.2 states:

“In keeping with the responsibilities for maintaining an environment for work, as outlined in Article 18.37, the administration shall use all available means to provide an infrastructure, both human and material, to support technologies to enhance teaching and research activities. In fulfilling this responsibility, the Administration will give serious consideration to all reasonable recommendations from the JSIT respecting such matters.

Employees assigned to teach courses delivered by alternate modes, as defined above, shall be provided with all reasonable technological and human resources required to develop and to conduct the course. Employees shall be provided with necessary training in the use of required technology. Employees shall be notified in writing before such a course is assigned, of the resources available to them, and any travel requirements associated with the course.

For clarity, Articles 21 and 23 and other relevant provisions of this Agreement apply to courses delivered by alternate modes.”

6.  Teaching assistance for Internet courses, just as for classroom courses, is guaranteed for enrolments of more than 50 students.  Article 18.42 states:

“A Course Directorship shall at a minimum be assigned assistance to reflect course enrolments above 50 as follows:

  1. The assistance assigned shall be at least in the form of marker/grader assistance.

  2. The assistance shall be at least at the rate of 15 hours for each block of 5 students, or portion thereof, exceeding 50.

  3. Assistance shall be provided from the commencement of the course where the projected enrolment exceeds 50, but the assistance may be modified so as to reflect the actual enrolment as of the first official enrolment reporting date in each session.

  4. Where the projected enrolment is 50 or less but actual enrolments as of the first official enrolment reporting date in each session exceeds 50, assistance shall be provided as per (a) and (b).

  5. Units may consider forms of teaching assistance to reflect course enrolments above 50 in addition to or in lieu of marker/grader assistance, including, for example, tutorial support or consideration of large lecture courses in determining “normal teaching load” in the context of Article 18.08.1.”

7.  The flexibility which can be afforded by internet teaching must not be used to compel faculty members to overwork.  Your work day, work week, and work year are subject to constraints set out in the Collective Agreement.  Article 18.08.3, which is new in the 2003-06 Collective Agreement, states:

“A faculty member will not normally be required to teach more than five (5) days in any week.  A faculty member will not normally be required to teach over a period of time spanning more than ten (10) hours in any one (1) day.  A faculty member will not normally be required to teach within eleven (11) hours following the end of his/her scheduled teaching on one (1) day and the beginning of his/her scheduled teaching on the following day.  It is understood that a faculty member may voluntarily agree to teach other than as set out above.”

Article 18.01 states:

“The employment year shall normally be from 1 July to the subsequent 30 June, and shall include eleven (11) months of professional obligations and responsibilities to the University (as defined in Article 11) and one (1) month’s vacation, payment for which is included in the annual salary. Employees with appointments of less than twelve (12) months shall receive a portion of one (1) month’s salary pro-rated according to the fraction which their appointments are of twelve (12) months.”

8.  If you decide to convert a course to “alternate modes”, you own the copyright on all materials created. Article 23.02 states:

“Notwithstanding S.13(3) of the Copyright Act, the parties agree that, the copyright to all forms of written, artistic, and recorded works (including, but not limited to, lecture courses and videos thereof, computer programmes, choreographic numbers, cartographic materials, bibliographic materials, and course materials, including correspondence course packages, course packages to be delivered on the Internet, multimedia instructional packages and interactive text books) shall be retained by the employee(s) responsible for the origination of the materials in whole or in part, pro-rated to reflect the contribution of the originator(s). The copyright in assessment, grading, reports or correspondence pursuant to the employee's normal administrative or professional duties with the University shall be retained by the employee, who shall be deemed to have granted the University a perpetual free license to use these materials in the course of its normal, non-commercial, institutional business. The employee(s) shall retain such copyright throughout his/her/their lifetime; upon his/her/their death all such rights shall devolve upon his/her/their estate(s). Such materials shall not be published, licensed, or released in any way, or amended, edited, cut, or in any way altered, without the written consent of the employee(s) holding the copyright. The holder(s) of the copyright shall have the complete rights to the proceeds of its exploitation, except as otherwise specified hereunder.”

If you are asked to cede copyright for any reason, please contact YUFA right away for advice.

9.  YUFA recommends that you obtain a written agreement with your Dean or Chair regarding any course conversion, and time limit it to a year in the first instance, with provisions for renewals. Article 23.05 states:

“An employee may enter into an agreement with the Employer for the use or exploitation of copyrightable material produced by the employee on terms to be agreed between the employee and the Employer in writing (see 23.03 and 23.04).”

The agreement should explicitly include mention of your rights to use and/or sell the course materials for use elsewhere, and should state that another course director at York may not use the materials you produce without your agreement. It should also set out the procedures to be used for updating and revising course materials, re-videoing lectures, incorporating new readings, etc., and the planned frequency and compensation for such course updates.

10.  Please forward copies of all agreements on course conversions to YUFA.  The Administration is also required to do so.  Article 23.06 states:

“Copies of any agreements between the Employer and employees pursuant to clauses 23.03, 23.04, or 23.05 … shall be sent to the Association.”

11.  YUFA recommends that you keep records and a detailed accounting of the amount and kinds of financial and other support provided by the university for converting a course. Article 23.04 states:

“Where there are proceeds from the exploitation of the copyright of the academic works referred to in Clause 23.02, other than scholarly text and/or articles, and where the production of the work is dependent upon a direct allocation of University funds, staff, equipment, or other resources (not to include the faculty member's salary with the provision of office space), the proceeds from the exploitation shall be divided between the employee(s)and the Employer, such that seventy-five (75) percent of the proceeds of exploitation shall be allotted to the Employer until such time as the costs of the Employer's direct support of the costs of production have been met. Thereafter, the right of proceeds of exploitation shall revert to the holder(s) of the copyright, unless otherwise agreed in writing between the employee(s) and the Employer. Employees exploiting any work that has been originated or developed with the direct support of the Employer shall so inform the Employer. The burden of establishing the amount of the costs incurred in the provision of such direct support shall lie on the Employer.”

You should also keep detailed records of how much time you spend on the course conversion, what kind of work is required, any problems that arise, the pedagogical implications and your views on how the course runs when you use “alternate modes”, etc. – for your own use when the time comes to renegotiate the course agreement. If you are willing to share this information with YUFA, it could help colleagues and would be very welcome.

12.  You should consider how much time will be required to undertake the course conversion, and whether you will receive course credit for doing this work. In some cases, the argument is being made that converting a course can count as “research” for the purposes of a tenure file. You should clarify this in relation to your own unit's T&P standards. Be aware that tenure and promotion recommendations are the outcome of a collegial process involving a number of steps and different people, so an agreement with a Chair or Dean is not definitive.

In any case, any extra time spent on course conversions should be compensated in your own workload through, for example, release time or course load credit, which may, if you agree, be transferred to another year. Converting courses to “alternate modes of delivery”, and delivering courses using “alternate modes”, is bargaining-unit work covered by the YUFA Collective Agreement.

13.  Just as for classroom courses, updating internet course materials is your right and your responsibility.  This is also bargaining-unit work, so you should be compensated for doing it. Article 23.07 states:

“If after three (3) years, an author or originator deems instructional or bibliographic materials, of which the copyright has been assigned to the Employer, unsatisfactory for proposed use because of dating or any other academic or artistic reason, he/she shall have the right to review the work in question, and to amend it. If the work cannot be satisfactorily amended, the employee may withhold or withdraw it from use by the Employer.”

The copyright for works which are not produced as part of an employee’s normal duties and responsibilities may be voluntarily transferred to the university by the employee.  Article 23.02 states:

“Notwithstanding S.13(3) of the Copyright Act, the parties agree that, the copyright to all forms of written, artistic, and recorded works (including, but not limited to, lecture courses and videos thereof, computer programmes, choreographic numbers, cartographic materials, bibliographic materials, and course materials, including correspondence course packages, course packages to be delivered on the Internet, multimedia instructional packages and interactive text books) shall be retained by the employee(s) responsible for the origination of the materials in whole or in part, pro-rated to reflect the contribution of the originator(s). The copyright in assessment, grading, reports or correspondence pursuant to the employee’s normal administrative or professional duties with the University shall be retained by the employee, who shall be deemed to have granted the University a perpetual free license to use these materials in the course of its normal, non-commercial, institutional business. The employee(s) shall retain such copyright throughout his/her/their lifetime; upon his/her/their death all such rights shall devolve upon his/her/their estate(s). Such materials shall not be published, licensed, or released in any way, or amended, edited, cut, or in any way altered, without the written consent of the employee(s) holding the copyright. The holder(s) of the copyright shall have the complete rights to the proceeds of its exploitation, except as otherwise specified hereunder.”

14.  You have additional rights: to use the course materials you produce; to receive copies; to be notified if the materials are to be erased or destroyed; and to be notified if the University enters into any copyright agreements related to the materials you have produced. Articles 23.08 - 23.11 state:

23.08: “An employee shall have the right to use copyrightable materials produced by him/her but owned by the University, if practicable. (The onus of establishing that it is not practicable shall rest with the Employer.)”

23.09: “An employee shall be given a copy of any of his/her work produced by the Employer, at no charge to the employee, if practicable. (The onus of establishing that it is not practicable shall rest with the Employer.) 

23.10: “Should the Employer wish to erase or otherwise destroy a work produced as in clause 23.03, either during or at the end of an agreement as specified in clause 23.03, the author or originator shall be given one (1) month's notice in writing of such intention and shall be permitted during that time to take either the original or a copy of all or a part of the work for his/her own use, and at a cost not exceeding the cost of the tape/film/recording or other medium upon which the work has been recorded.”

23.11: “The Employer shall inform the Association and the originators in writing of any agreements it enters into purporting to assign copyright materials of which it is the copyright holder produced or to be produced by an employee to any party except that employee.”

15.  You should consider the academic freedom issues that may be involved in converting your course, choosing course materials, and updating the materials. For example, will you be able to switch textbooks easily and will different instructors be able to use texts of their choice in different sections of the course? Who will make decisions regarding course updates?  You may wish to make particular specifications in your course conversion agreement, given these considerations. 

16.  You should clarify in advance with your Dean or Chair various issues related to the course directorship. All these issues can be addressed in your course conversion agreement (see above). Who is allowed to teach the course? Will there be class size limits? How many TAs will be involved?  (See Article 18.42) Who will supervise them? Will you be responsible for TAs’ health and safety and other workplace concerns, as a TA supervisor? What kind of work will TAs be responsible for – email contact with students? Grading online? Will the time TAs need to spend in being trained to use course-related hardware and software be deducted from their grading and teaching assistance hours for you, or will they be trained and paid by the unit for this training time? You should consider how your own work modes, workload, and time incidence of work might change, for example from regular classroom contact with students to supervision of TAs doing online contact work, which may be concentrated at certain times.

17.  Will you have control over the timing and extent of your own work? For example, are there special constraints on when any required on-campus class meetings, review sessions, and exams for internet courses may be scheduled? Will you be expected to be available to students on-line during holiday breaks and from the end of classes until the course exam? Will plagiarism be more of a concern than in a classroom setting and will you have assistance in monitoring this? Is the security of your computer at York problematic? What extra time demands on you might result from computer security problems? In the event of a server outage at York, how will your course be affected and who is responsible for keeping backup copies of course materials?  Again, all these issues can be addressed in your initial course conversion agreement.

For more information, assistance, or to clarify any of the points made above, you are welcome to call YUFA: 416-736-5236.

KNOW YOUR RIGHTS!

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