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Agreement on Distance Learning Guidelines Reached Between PSC and CUNY

 

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The City University of New York

The Chancellor

 

December 11, 2000

 

Dr. Barbara Bowen
President
Professional Staff Congress/CUNY
25 West 43rd Street
New York, New York 10036

Dear Dr. Bowen: 

Recently, you expressed an interest in continuing the guidelines applicable to distance learning experiments referenced in Interim Chancellor Christoph M. Kimmich's March 30, 1999 memorandum to the Presidents of the Colleges and contained in the attachments thereto.  I write to confirm formally our agreement with you to continue these guidelines until December 31, 2001 or until permanent policies and practices replace them, whichever is earlier. 

Thank you for your cooperation in the matter. 

Sincerely,

Matthew Goldstein

Enclosure 

cc: Vice Chancellor Brenda Richardson Malone 

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MEMORANDUM 

March 30, 1999

 

  TO:               The Presidents of the Colleges, The Dean of The CUNY Law School, The Dean of The Sophie Davis School of Biomedical Education 

FROM:          Interim Chancellor Christoph M. Kimmich

SUBJECT:    Distance Learning

  On Thursday, 18 March 1999, the Delegate Assembly of the PSC voted to modify the union's moratorium on distance learning and to open a two-year window of experimentation under guidelines that address concerns expressed by members of the instructional staff.  I commend the Delegate Assembly's action and applaud Dr. Polishook's leadership in this matter.

Modification of the union's moratorium on distance learning activities was one of the first recommendations that Dr. Polishook and I received from the Educational Technology Committee established under the 1996-2000 PSC/CUNY collective bargaining agreement.  The members of the committee are: Dr. David Arnow, Professor in the Department of Computer and Information Science at Brooklyn College and Alternate Delegate to the PSC Delegate Assembly, Dr. Jane Davenport, Collection Development Librarian at John Jay College and PSC University-wide Officer, Mr. Peter Hoberman, Director of Academic Computing at Bronx Community College and PSC Vice President of Cross Campus Units, Dr. Russell Hotzler, University Dean for Academic Affairs, Raymond F. O'Brien, Esq., Director of Instructional Staff Labor Relations, Dr. Anthony Picciano, Professor in the Department of Curriculum and Teaching at Hunter College, Dr. Michael Ribaudo, University Dean for Instructional Technology and Industry & Government Partnerships, Mr. Sam Santiago, Chemical Hygiene Officer at New York City Technical College and PSC CLT Chapter Vice President, Mr. Ronald Spalter, Vice President and Dean for Administration and Planning at Borough of Manhattan Community College and Dr. Rosanne Wille, Provost at Lehman College.  Dr. Picciano serves as Chair of the Committee.

During the two-year period of experimentation, the Committee will collect and analyze data from the colleges to inform the recommendations it will make to the Professional Staff Congress and the University in accordance with its mandate under the collective bargaining agreement.  I ask that you give full cooperation to the Committee and respond to its data requests on your distance learning experiments.  The experiments are to be conducted in accordance with guidelines the Committee recommended in two letters sent to Dr. Polishook and me; they are also reflected in the resolution adopted by the PSC's Delegate Assembly last week.  Copies of the three documents are attached.  If you have any questions, please call Mr. Raymond F. O'Brien in the Office of Faculty and Staff Relations at (212) 794-5386.

The PSC's decision to lift its moratorium on distance learning to permit a period of experimentation should eliminate any hesitation among members of the faculty wishing to participate in such activities. The University now has an opportunity to experiment with new distance learning modalities and to explore appropriate terms and conditions of employment and apportionment of copyright rights and revenues that would apply to such modalities. I encourage you to seize the opportunity.   

                

Attachments

 

cc:  Vice Chancellor Brenda Richardson Malone

Vice Chancellor Louise Mirrer

Cabinet

Chief Academic Officers

Dr. Irwin H. Polishook 

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December 15, 1998

 

Chancellor Christoph Kimmich
City University of New York 

President Irwin Polishook
Professional Staff Congress – CUNY

Dear Drs. Kimmich and Polishook: 

The Educational Technology Committee, established under the terms of the 1996-2000 PSC/CUNY collective bargaining agreement, held its first meeting on December 4, 1998.  In attendance were:  From the University, University Dean Michael Ribaudo, University Dean Russell Hotzler, BMCC Vice President Ronald Spalter, Lehman College Provost Rosanne Wille, and Director of Instructional Staff Labor Relations, Raymond O’Brien, esq.  From the PSC, Professor David Arnow, Professor Jane Davenport, Professor Anthony Picciano, PSC Vice President of Cross Campus Units Peter Hoberman, and PSC CLT Chapter Vice President, Sam Santiago.  Dr. Frank R. Annunziato, the PSC executive Director attended the meeting as a guest.

The first order of business was the election of a chair.  Professor Picciano of Hunter College was unanimously chosen.

There was a consensus on the committee for the need to gather data on distance learning at CUNY in order to develop future policy recommendations in the area.  The committee believes that its ability to gather data would be enhanced by a period during which the colleges could experiment with various distance learning models, without the concern that these experiments might establish binding precedents.  Therefore, we recommend unanimously the following:

  1.  The Chancellor encourage the colleges to experiment with distance learning programs and the use of distance learning technologies in “traditional” courses over the next two years with the clear understanding that these experiments will not constitute binding precedents for employment related policies.  At the same time it was recognized that existing university policies in the areas of copyright and patents will continue to apply. 

2.  The Chancellor encourage the colleges to cooperate with the Educational Technology Committee in its data collection of these distance learning experiments. 

3.  The PSC President recommend a resolution to the PSC Delegate Assembly to modify its moratorium on distance learning and encourage members of the instructional staff to participate in the experiments as described above. 

I am very pleased with the positive attitude all members of the committee brought to this first meeting.  Everyone understands the importance of this committee to the future of the University and the PSC.  We look forward to a productive collaboration. 

Very truly yours,

 

Anthony Picciano

Chair, PSC/CUNY Educational Technology Committee

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Chancellor Christoph Kimmich
City University of New York 

President Irwin Polishook
Professional Staff Congress-CUNY 

Dear Drs. Kimmich and Polishook: 

The Educational Technology Committee would like to clarify several points in our December 15, 1998 letter: 

First, the Committee feels it is important that a two-year period of experimentation beginning January 1, 1999 and ending December 31, 2000, be developed so that we can assess various distance learning models to prepare policy recommendations for the University and the PSC.  It is understood that faculty participation in these experiments must be strictly voluntary. 

Second, nothing in our letter of December 15, 1998, should be construed as altering in any way existing campus-based policies on governance and curriculum or the 1996-2000 PSC/CUNY collective bargaining agreement. 

Third, since the charge of this Committee is to develop policy recommendations to the University and the PSC, it is important that issues involving compensation and reassigned time for these distance learning experiments be resolved at the local college level.  In this way, the committee will have a number of different approaches to assess in making our policy recommendations. 

Fourth, the Committee believes that intellectual property questions associated with these learning experiments should similarly be resolved at the local college level during the period of experimentation.  Specifically, the Committee recommends that the President of the College or the President’s designee be responsible for asserting on behalf of the College and/or the University any claim to intellectual property rights associated with the distance learning experiment at the inception of the project.  The copyright on materials generated by faculty shall be the property of the faculty member, subject to any agreement at the inception of the project regarding use of CUNY resources, ownership of intellectual property rights and/or the equitable division of revenues resulting from commercialization of the materials.  Absent any agreement at the inception of the project, the copyright on materials generated by faculty shall be the property of the faculty members. 

The Committee hopes that the foregoing clarifies the intentions of the previous letter and that you both support these clarifications.  The Committee appreciates your on-going support of our work.

Very truly yours, 

Anthony G. Picciano,

Chair, PSC/CUNY Educational Technology Committee

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PROPOSED RESOLUTION ON WAIVING 
PSC MORATORIUM ON DISTANCE LEARNING

 

Executive Council: February 4, 1999, Approved  
Delegate Assembly: March 18, 1999, Adopted

 

WHEREAS, the PSC Delegate Assembly on June 3, 1997 voted for a moratorium on distance learning projects at CUNY and, 

WHEREAS, the PSC and CUNY established an Educational Technology labor management committee in the new 1996-2000 collective bargaining agreement, and  

WHEREAS, this committee comprised of an equal number of PSC members and CUNY managers, held its first meeting on December 4, 1998 and  

WHEREAS, the chair of this joint labor-management Educational Technologies Committee, Professor Anthony Picciano of Hunter College, has written to Chancellor Kimmich and President Polishook, indicating a consensus of the committee to gather data on distance learning at CUNY over a two year period in order to develop future voting recommendations to the PSC and to CUNY, and  

WHEREAS, in this letter the Chancellor is asked to encourage distance learning experiments, without constituting binding precedents for employment related policies, and  

WHEREAS, this letter requests President Polishook to recommend a resolution to the Delegate Assembly to modify its moratorium on distance learning, therefore be it 

RESOLVED, for a period of two years (January 1, 1999 through December 31, 2000) the Delegate Assembly waives its June 3, 1997 resolution on Distance Learning so that the joint PSC/CUNY labor-management committee can gather data for future policy recommendations to the PSC and to the University, and 

BE IT FURTHER RESOLVED, that nothing in this process shall be construed as altering in any way existing campus-based policies on governance or curriculum or the PSC Collective Bargaining Agreement, and 

BE IT FURTHER RESOLVED, that the following stipulations shall direct PSC policy during the two-year period in which the waiver of the Delegate Assembly moratorium is in place: 

 

1.       Faculty shall participate in Distance Learning projects only on a voluntary basis.  

2.       Reassigned time, compensation, enrollment limits, and workload issues shall be determined at the local level, with agreement with the Instructor, subject to the provisions and authority of the PSC/CUNY contract.  

3.       The copyright on materials generated by faculty shall remain with the faculty member(s) unless those materials are specifically contracted for at the inception of the project.  

4.       In implementing Distance Learning projects, the usual school based policies on governance and curriculum will be followed.  

5.       The PSC encourages campus governance bodies to participate in assessing Distance Learning projects on their campuses.  

6.       The PSC urges faculty to insure that their participation and decisions relating to the use of educational technology at CUNY be implemented in concert with academic departments and faculty governing bodies. 

7.       The PSC representatives to the joint labor-management committee on Educational Technology shall report to the PSC Delegate Assembly on the implementation of Distance Learning projects, no later than the December 1999 meeting of the Delegate Assembly.  

8.       The PSC shall inform college presidents and faculty governance leaders that the period ending December 31, 2000 is a time for experimental projects, data gathering and assessment. The PSC shall state that colleges must recognize that experimental Distance Learning programs should not become permanent until the end of the experimental period and the joint committee has issued its final report and the PSC and the University have agreed upon guidelines.

 

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