Know Your Contractual Rights About Online Courses
09/09/2008

With the increased opportunities for faculty and professional staff to develop and teach online and hybrid courses at Montclair State University, the MSUFT Local 1904 urges our members to exercise caution in this area. While there is a newly ratified state agreement, there are many issues that still need to be negotiated locally between the Local 1904 and the MSU administration to protect your rights. These issues include (but are not limited to) the following:

what is considered an "online" course?
The new state agreement defines “online courses” as:

those courses in which students primarily access materials, communicate with the instructor and/or communicate with each other by e-mail, the Internet or local computer network (Article XXXIV). NOTE: The state agreement does NOT make a clear distinction or provision for hybrid or blended courses (where 1/3 or more of the class sessions are replaced with online session or activities). Neither does it include adjunct modes of instruction (where online activities are in addition to on campus instruction, such as the uses of Blackboard to supplement classroom instruction).

 

do I get extra compensation for teaching an online course?
The new state agreement specifically states:

Employees shall be compensated for teaching online courses at the same rate that they are compensated for teaching the course on campus. Employees teaching an online course for the first time shall receive one additional credit, which is a one (1) time payment only. (Article XXXIV Section F) NOTE: The “one-time/one-credit” payment does NOT currently apply to hybrid or blended courses. Also note that online, hybrid and even adjunct modes of instruction can in some cases increase an instructor’s workload up to three times what they normally spend on course preparation. You currently have no contractual right to additional compensation (or negotiation of class size) in these cases.

 

once I develop an online course, is it mine to keep?
It is unlikely. The University can retain sole ownership of copyright of your entire online course (including copyrighted material embedded within the online course) IF 1) you are “specifically assigned to create” an online course; OR 2) Grants you an alternate assignment within load; OR the online course is created with more than incidental use of university facilities or financial support (Article XXXIII Section B). Additionally, based on the “work for hire” doctrine, the University can/will retain copyright ownership of your entire online course, since you are entitled to receive a one-time payment of one credit (Article XXXIV Section F). It is important to note that the state contract allows for ownership rights to be modified “by an agreement between the creator and the College/University” (Article XXXIII Section A).

how can I secure & protect my rights?
You can support the MSUFT Local 1904 in local negotiations of these issues by:

• knowing your rights (and limitations) within the new state agreement.
• Encourage the university administration to negotiate these issues with us in a prompt manner.

--Vanessa Domine, MSUFT Internal Vice President • vanessa.domine@aftlocal1904.org