Non-Academic Policies and State/Federal Regulations

The following policies have been enacted in order to clarify the seriousness of individual rights, which students may expect to enjoy as members of the College community. Similarly, these policies are intended to make the College community aware of obligations which community membership places upon the community. When the rights of others are infringed upon, the integrity of the institution is compromised. Therefore, policies and procedures have been created to ensure the safety of the campus community. Violations of the codes will result in disciplinary action. The College’s appeal process is also described in detail.

Cori/Sori (Criminal Offender Record Information & Sex Offender Registry Information)

Students accepted into any program or offering of the School of Health and Patient Simulation, or other offerings as announced by the college must undergo a Criminal Offender Record Information (CORI) and a Sex Offender Registry Information (SORI) check at least once a year for the duration of enrollment. This policy also applies to students participating in laboratory experiences on and off campus, including field trips and site visits. Depending on the student’s CORI and SORI report, participation in a program or clinical affiliation, laboratory, or practicum experience may be denied. Any student, who refuses to consent to a CORI and SORI check, will be precluded from participating in the corresponding clinical fieldwork, practicum course, and/or laboratory experience. Students who do not complete the required clinical, laboratory or practicum courses will be unable to fulfill requirements for graduation and may be withdrawn from the program. Alternative clinical, laboratory, and/or practicum experiences, on or off-campus, are not an option. For additional information, contact the Dean of the School of Health and Patient Simulation, 413-755-4510.

CORI and SORI checks are performed pursuant to the Massachusetts General Law, Chapter 6, Sections 167-178B, and consistent with guidelines promulgated by the Commonwealth of Massachusetts Department of Public Health and Massachusetts General Law, Chapter 6, Sections 178C-178P.

Please note that a CORI/SORI Request Form must be on file at the College before the student can register for classes.

Fundraising and Solicitation Policy

Solicitation and commercial activities are prohibited on College property without the College’s prior, written consent.  Prohibited solicitation includes, but is not limited to, the posting of advertisements for the sale of goods or services on College property.  Fundraising of a personal or political nature are strictly prohibited.

The College may permit fundraising activities by College-affiliated persons or groups, including recognized student groups and organizations, in direct support of their College related activities.  All fundraising materials shall bear the name of the person or group conducting the activity.  All fundraising activities by College affiliated persons or groups, including fundraising materials, must be authorized by the Coordinator of Student Activities and in compliance with the College’s fundraising guidelines as established by the Student Activities Office, located in Building 19, Room 129.  Fundraising activities conducted in noncompliance with this policy are expressly not approved or endorsed by the College and are prohibited.

Distribution Of Printed Materials And Posting Guidelines

The following guidelines are designed to ensure a smooth flow of information through the use of posted materials on student bulletin boards. All individuals, student groups, and those not directly affiliated with the College are required to follow these guidelines:

1. All materials must be submitted to the Student Activities and Development Office for approval prior to posting. Items of questionable taste, or items, which are obscene or libelous, will not be approved for posting.
2. The materials must include the name of an individual or organization. No anonymous material will be approved.
3. Priority for space will go first to recognized or forming campus organizations and individuals affiliated with the College, and then to others on a space-available basis.
4. All materials will be stamped with the date of approval and the date the materials will be removed. In the case of mass-produced material, a copy will be filed with the Student Activities and Development Office.
5. The final date of posting will be determined as follows: a.) Services (typing, babysitting, etc.) - a mutually agreeable time, not to exceed two (2) continuous semesters; b.) Advertising an event - the day of the event; or c.) Others - two (2) weeks from the initial date of posting, unless prior arrangements are made.
6. Materials may not be posted directly on walls, on glass, where they may cause an obstruction, or outside the building. They should only be posted on specified bulletin boards.
7. The maximum size for signs should be 11” x 14”. The Student Activities and Development Coordinator must approve large posters or banners.
8. Materials not in accordance with these guidelines will be removed. Materials posted over other approved materials will be removed.
9. All questions should be directed to the Student Activities and Development Coordinator.
10. Any organization or individual wishing to distribute or sell literature or products on campus must obtain permission for such distribution or sale from the Student Activities and Development Coordinator.
11. Appeal of any decisions concerning this policy should be directed to the Dean of Student Services.

Copyright Policy

PURPOSE AND SCOPE

This policy provides guidance regarding the use and creation of intellectual property at Springfield Technical Community College. While the definition of intellectual property is broad and can include works of authorship, computer software, inventions, discoveries, creations, know-how, trade secrets, technology, scientific or technological developments, and research data, regardless of whether subject to legal protection, this policy will focus on that intellectual property at the College which is most likely to be used such as copying copyrighted materials for classroom instruction or course materials, performances and displays in the classroom and distance learning environments, as well as created. This policy will address when it is necessary to obtain authorization to use intellectual property, as well as who owns the rights to intellectual property created at the College. 

It is the responsibility of all faculty, staff, students and anyone using the facilities or resources of Springfield Technical Community College to read, understand and follow this policy. Any person with questions regarding the application or meaning of this policy should seek clarification from the Chief Academic Officer. Failure to observe this policy may subject individuals to disciplinary action pursuant to applicable handbooks or collective bargaining agreements, up to and including expulsion from the College or termination of employment. Further, failure to observe this policy may result in violation of civil and/or criminal laws.

DEFINITIONS

Copyright - The exclusive right of an author to reproduce and create derivative works from, distribute, perform, display, sell, lend or rent original works of authorship that are fixed in a tangible medium which are not in the Public Domain and thus, protected under United States Copyright Law Title 17 of the U.S. Code, including literary, musical and dramatic works as well as computer software teaching materials, multimedia works, proposals and research reports, books, articles, study guides, syllabi, workbooks, manuals, bibliographies, instructional packages, tests, video or audio records, films, slides, transparencies, charts, graphic materials, photographic or similar visual materials, film strips, multi-media materials, three dimensional materials, exhibits, software, and databases. 

Covered Individuals - All individuals employed by the College, enrolled at the College, attending classes at the College, and/or using the facilities or resources of the College (e.g. community members) are subject to this policy.

Intellectual Property - Includes, but is not limited to, any works of authorship, computer software, invention, discovery, creation, know-how, trade secret, technology, scientific or technological development, research data, regardless of whether subject to legal protection such as copyright. 

Public Domain - The status of publications, products, and processes that are not protected by copyright; for example, materials on which the copyright has expired and works created by the federal government or a state government.

Work Made for Hire - Pursuant to Section 101 of Title 17 of the U.S. Code, “(1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work,[1] as a compilation, as an instructional text,[2] as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument that the work shall be considered a work made for hire.”

COMPLIANCE WITH COPYRIGHT AND INTELLECTUAL PROPERTY LAWS

It is the policy of Springfield Technical Community College to acknowledge and abide by all applicable intellectual property laws, including but not limited federal copyright law, Title 17 of the U.S. Code as amended at http://www.copyright.gov/title17.[3] The College expects that all individuals employed at the College, enrolled at the College, and/or using the facilities or resources of the College (“Covered Individuals”) shall do the same.

In addition to issuing, and educating the College community regarding, this policy, the College will, among other things, ensure that every photocopy machine and printer and other equipment capable of creating copies on campus shall include effective signage incorporating the following text:

Notice: The copyright law of the U.S.(Title 17 of the U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.

[1] A” supplementary work” is ” a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, after words, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes.”

[2] An “instructional text” is a “literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.”

[3] Since its passage in 1976, the Copyright Law has been amended numerous times by, for example, the Digital Millennium Copyright Act in 1998 and the Technology, Education, and Copyright Harmonization Act (“TEACH Act”) in 2002. These amendments outline the copyright requirements for digital content and online distance education addressed in this policy. Additional information regarding these amendments can be found in the appendices to this policy.

The College has also designated an “Agent to Receive Notification of Claimed Copyright Infringement.” Anyone who believes that any faculty, staff, or student of the College has infringed on their rights as a copyright owner should contact the Chief Academic Officer, as the Colleges Copyright Agent, with the following information:

• Complete name, mailing address, email address, phone and fax numbers;
• Information about the copyrighted material (URL, book title, etc.);
• The URL of the College site which has the infringing material; and
• Any other information supporting the claim.

With regard to Distance Learning, the College will apply measures to protect against unauthorized access (e.g. limiting transmission to students enrolled in a particular course) and requires that only lawfully acquired copies of copyrighted works are used.

USE OF INTELLECTUAL PROPERTY: COPYRIGHT

Much of the existing works, information, or materials used at the College, whether written or electronic are copyright protected. Copyright protection vests automatically in original works of authorship that are fixed in a tangible medium of expression which are not in the Public Domain. Copyrighted materials can include literary, musical and dramatic works as well as computer software teaching materials, multimedia works, proposals and research reports, books, articles, study guides, syllabi, workbooks, manuals, bibliographies, instructional packages, tests, video or audio records, films, slides, transparencies, charts, graphic materials, photographic or similar visual materials, film strips, multi-media materials, three dimensional materials, exhibits, software, and databases.

Works in the Public Domain include those created by the federal or a state government and copyrighted works where the copyright has expired. Public accessibility to the works such as via the Internet does not mean that the works are in the Public Domain. To the contrary, much of the materials on the Internet are copyright protected. Since copyright laws protect many materials, and it is difficult to determine whether a work is in the Public Domain, Covered Individuals should assume that the materials they seek to use, for example, in connection with course preparation, course presentation or course materials, are copyrighted works.

Please note that if anyone who is not the copyright owner reproduces, distributes, performs, displays, and/or makes derivative works from copyrighted materials it is an infringement of the copyright owner’s rights and the person infringing may be liable for damages to the copyright owner as well as criminal penalties. Accordingly, any time a Covered Individual uses a copyrighted work, either in whole or in part, proper authorization must be obtained from the copyright owner (which can include written consent as well as the payment of a fee) unless one of the exceptions listed below applies. Additionally, Covered Individuals should clearly and prominently acknowledge the copyright owner on, or next to, the copyrighted work along with the following notice:

This material is protected by federal copyright law (Title 17 of the U.S. Code) and thus, copying of the material is prohibited by federal law.

Obtaining Authorization to Use a Copyrighted Work

Obtaining authorization from a copyright owner to use a copyrighted work is usually not difficult but in some cases, may involve payment of a fee. The Association of American Publishers suggests that the following information be sent to the copyright owner (and/or to the publisher), with a self-addressed stamped envelope, to expedite the approval process:

• Title, author and/or editor, and edition of materials to be duplicated.
• Exact material to be used, giving amount, page numbers, reels, cassettes, chapters and, if possible, a photocopy of the material.
• Number of copies to be made.
• Use to be made of duplicated materials (including time period or duration if copying on an on-going basis is desired).
• Form of distribution (classroom, newsletter, etc.).
• Whether or not the material is to be sold.
• Type of reprint (photocopy, offset, typeset, reproduced [media]).

It is advisable to allow sufficient lead time to obtain authorization prior to use. In some instances the copyright holder may assess a fee for permission, which may be passed on to students who receive copies of the copyrighted material. 

Depending on the type of copyrighted material (e.g. poetry, music), permission may also be obtained (for a fee) by contacting organizations such as the Copyright Clearance Center, Films for the Humanities & Sciences, Harry Fox Agency, Motion Picture Licensing Corporation, Recording Industry Association of America, and The American Society of Composers, Authors and Publishers.
 

WHEN AUTHORIZATION IS NOT REQUIRED

Covered Individuals do not need to obtain prior written permission from the copyright owner to use copyrighted materials if use falls under one of the exemptions listed below. Additional guidance and resources are included in the appendices to this policy.

Fair Use Exemption

Copyright law does allow limited copying, distribution, and display of copyrighted works without the copyright owners permission for purposes such as criticism, comment, news reporting, teaching (including multiple uses for classroom use), scholarship and/or research under certain conditions known as “fair use.” Copyright law does not specify what qualifies as of “fair use” but rather provides four interrelated factors which must be considered every time a Covered Individual seeks to use copyrighted material to evaluate whether the use (e.g. copying, distribution) falls within the limited exemption of fair use. The four factors that must be considered on a case-by-case basis are as follows:

• The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.

Nonprofit educational uses are more likely to be considered fair while commercial uses will likely be an infringement. Duplicating and distributing small portions of copyrighted materials for specific nonprofit educational purposes has been considered to be fair use.

• The nature of the copyrighted work.

For example, use of published non-fiction (e.g. encyclopedias) is more likely to be considered fair while use of unpublished fiction will likely be an infringement. Commercial audiovisual works and consumable workbook materials are less likely to be considered fair than use of many printed materials.

• The amount and importance of the portion of the copyrighted work used.

Use of extracts which are small relative to the whole work and which do not capture the “essence” of the work are more likely to be considered fair.

• The economic effect of the use on the copyright owner.

If copying or distributing the work does not reduce sales of the work then the use is more likely to be considered fair.

Please note that not all educational uses will qualify as “fair use” and that the concept of “fair use” provides limited exemption and does not allow for the wholesale copying and distribution of copyrighted work for educational or any other purpose without permission. Moreover, when in doubt if use qualifies as “fair use,” permission from the copyright holder should be obtained.

Special Library Exemption

Copyright laws allow libraries to exercise special rights in addition to “fair use” such as archiving lost, stolen, damaged or deteriorating works, making copies for library patrons, and, in some cases, making copies for other libraries’ patrons (inter-library loan).

Special Classroom Exemption

Copyright laws allow faculty and instructors to use copyrighted materials in the classroom, including distance learning environments, without obtaining permission, for example, in performances of non-dramatic literary and musical works or displays of print materials over the internet as part of a class session in a distance learning course. This special classroom exemption only applies if:

• The display or performance is done by, at the direction of, or under the actual supervision of an instructor, as an integral part of a class session, an integral part of a class session as part of systematic mediated instructional activities and is directly related and of material assistance to the teaching content.

• Transmission is made solely for and reception limited to (as technologically feasible) students enrolled in the course, and technological measures are in place to limit access to enrolled students and reasonably prevent download and further distribution of materials.

• There is no interference with copyright holder’s technological measures that prevent such retention and dissemination.

The special classroom exemptions do not cover: 

• Digital educational works - works produced or marketed primarily for performance/display as part of mediated instructional activities transmitted via digital networks 
• Unlawful copies - copies which are known (or reasonably should have been known) to be unlawfully made or acquired).

Please note that copyright law allows the conversion of print or analog material into digital formats if no digital version is available or an available digital version is protected by technological measures. 

Guidelines for USE of Copyrighted Works At The College 
Below are some illustrations of typical educational uses of copyrighted works at the College which are unlikely to require the copyright owners permission if this policy and these guidelines are followed as use will likely fall into one of the exemptions listed above. Even if a determination is made that an exception applies and permission of the copyright owner is not required for use of copyrighted material, Covered Individuals still have limitations on use as outlined in this Policy and below. Additionally, Covered Individuals should clearly and prominently acknowledge the copyright owner on, or next to, the copyrighted work along with the following notice: “This material is protected by Title 17 of the U.S. Code and thus, copying of the material is prohibited by federal copyright law.” Please also refer to the appendices of this policy for additional guidance and copyright resources, including, but not limited to other examples where educational uses may be permissible without permission from the copyright owner. These resources may be particularly helpful where Covered Users seek to use copyrighted works in newer forms of technology (e.g. podcasting, PowerPoint). Please note however that this policy and federal copyright law applies to all uses of copyrighted materials, irrespective of technology. Non-digital content that is protected by copyright is also protected in digital form.

Single Copy for Classroom Use 
A single copy may be made by, or for, a faculty member or instructor, for his or her scholarly research or use in teaching or preparation to teach a class, of all or part of the following: a chapter from a book, an article from a periodical or newspaper; a short story, short essay or short poem, whether or not from a collective work or a chart, graph, diagram, drawing, cartoon, picture from a book, periodical, or newspaper. 

Multiple Copies for Classroom Use, including Course Packets 
Multiple copies (not to exceed in any event more than one copy per student per course) may be made by, or for, the faculty member or instructor giving the course for classroom use or discussion, provided that the copying meets the tests of brevity and spontaneity and cumulative effect and each copy includes a notice of copyright. Students may not be charged except to recover copying costs. 
Works which meet the brevity test are as follows: 

• Poetry - a complete poem (or an excerpt from a poem) if less than 250 words and if printed on not more than two pages.

• Prose - a complete article, story or essay of less than 2500 words or an excerpt from any prose work of not more than 1,000 words or 10% of the work whichever is less but a minimum of 500 words.

• Illustration: one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

A work passes the spontaneity test if the copying is at the instance and inspiration of the individual instructor, and the inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission to copy.

To meet the cumulative effect test, the copying of the material must be for only one course: and not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during one class term. Cumulative effect prohibits more than nine instances of such multiple copying for one course during a class term.

Notwithstanding the above, the following copying is prohibited without authorization from the copyright owner:

• Copying for the purpose of creating, replacing, or substituting for anthologies, compilations or collective works.
• Copying of works intended to be “consumable” in the course of study or teaching, such as workbooks, exercises, standardized tests and test booklets and answer sheets.
• Copying as a substitute for the purchase or books, publishers’ reprints or periodicals.
• Repeated copying of the same item by the same teacher from term to term.

Faculty and staff should follow the guidelines above for copying course packets or research materials. Please note that permission of the copyright owner must be obtained for materials that will be used in more than one semester by the same professor for the same class. Copyright notices should include appropriate citations and attributions to the source.

Library Course Reserves

A faculty or staff member may want to have materials on reserve at the library as part of the course materials, including classroom assignments. Library course reserves, whether physical or electronic, are intended to provide supplemental material to courses of instruction at the College. As such, materials placed on reserve (for example disks, audio-visual materials, journal articles and/or photocopies, electronic resources, and non-book items) are not intended to comprise the core of a course’s instructional material, but rather to augment it. The library will conduct a fair use analysis described in this policy and limit reserves to lawfully acquired copies of single articles or chapter, or other small portions of a work or originals of an entire work. Copies must include the notices and acknowledgements listed above and access will be limited to students enrolled in the class and will terminate at the end of the class. When the material requested for reserve exceeds what might be permitted under fair use, permission from the copyright holder must be obtained. Please note that placing a lawfully obtained textbook on reserve is permissible. 

Network access, including World Wide Web access, to the College-created digitized study collections that include copyrighted material, is restricted to the College’s campus network and those authorized to use the network. Such digitized collections are accessible temporarily and for instructional purposes only by the students and faculty for whom the material is intended. These collections should be removed at the end of the academic term in which they were being used. Prominent notice must be given that such study materials may not be downloaded, retained, printed, shared, or modified, except as needed temporarily for specific academic assignments. 

The use of a course management system (i.e. Blackboard, Moodle, Angel) offers the capability to provide controlled access to electronic forms of class material. The College’s libraries provide access to a number of databases by subscription agreement with vendors. In many cases the license agreements with the vendors or publishers of these materials specifically address whether or not content may be downloaded and reposted to an electronic reserves system. Since the answer to this question is uneven and there are many licenses to consider, the College’s libraries will link to any database or eJournal content, rather than downloading the document and uploading it for online access (i.e. BlackBoard, Moodle, Angel).

Digitizing and Using Copyrighted Works in Multimedia Materials for Educational Purposes 
Covered Individuals may seek to incorporate copyrighted works into multimedia materials and display and perform a multimedia work in connection with, or the creation of, class assignments, curriculum materials, remote instruction, examinations, student portfolios, or professional symposia. Covered Individuals may incorporate copyrighted works into a multimedia work if the amount of material from the copyrighted work is a very small amount, if copies of the multimedia work are limited to those required to achieve the educational purpose, and if the multimedia work is used for the purpose for no longer than two years (in which case permission from the copyright owner is required). The copyright notices and acknowledgements listed above must also be included. 

Digitizing and Using Images for Educational Purposes 
Covered Individuals may seek to use images during their class, for example art images for an art history class. Images should only be used with permission from the owner of the copyright in the image. Many images are readily available online or for sale or license at a fair price. If the image is not readily available online or for sale or license at a fair price, Covered Individuals should limit access to all digitized images (except small low resolution “thumbnails”) to students enrolled in the class and administrative staff as needed and should terminate access to the images at the end of the class term. Periodically review digital availability. If a previously unavailable image becomes available online or for sale or license at a fair price, it should be acquired before using again. 

Distance Learning 
A faculty or staff member may display and perform copyrighted works in live interactive distance learning classes, course management systems or in delayed transmission of faculty instruction as follows: the faculty or staff member or the College must own a legal copy of the source (e.g. book purchased in bookstore). Before purchasing materials for Distance Learning Courses, determine whether the applicable licenses provide authority for use of display and performance of the materials without restrictions. If so, a small portion of the Copyrighted materials may be used for a limited time, and with limited access along with the notices and acknowledgements listed above. 

Music 
A faculty or staff member may copy music for academic purposes, other than performances, limited as follows: 1) excerpts of sheet music, such as performable units (movements, sections, arias) may be copied only if out of print; 2) student performances may be recorded only for teacher or institutional evaluation or student’s portfolio, and 3) sound records may be copied once for classroom or reserve room use. Please note that sheet music may be copied in its entirety only for an emergency when purchased copies are not available for an imminent performance provided that purchased replacement copies are substituted in due course. Additionally, the copyright notices and acknowledgements outlined above must be included. There are also sources of free music such as the Choral Public Domain Library.http://www.cpdl.org/wiki/index.php/Main_Page. 

Public Performance 
Copyright law governs how copyrighted materials used for a public performance, such as movies, may be used. Neither the rental nor the purchase of a video carries with it the right to show the video outside the home. In some instances no license is required to view a video, such as inside the home by family or social acquaintances and in certain narrowly defined face-to-face teaching activities. Taverns, restaurants, private clubs, prisons, lodges, factories, summer camps, public libraries, day-care facilities, parks and recreation departments, churches and non classroom use at schools and universities are all examples of situations where a public performance license must be obtained. This legal requirement applies regardless of whether an admission fee is charged, whether the institution or organization is commercial or non-profit, or whether a federal or state agency is involved. 

Copyright law allows faculty members and instructors to share audio-visual work (e.g. video, VHS tape, laserdisc, DVD movie, 35 mm slide, filmstrip, or 16 mm movie), works with students in face-to-face teaching situations only. Even programs purchased or rented with the caveat “home use only,” may be used in face-to-face teaching activities. Such programs may not be used outside of the classroom, for example viewing at a student club meeting, without licensing. Audio-visual works may not be transmitted to other colleges or locations without permission of the copyright holder. Accordingly, unless permission is received, distance education is an unlikely venue for the performance of audio-visual works. 

Transmission of an audio-visual work may be permissible over closed circuit television to classrooms located within the same building. Besides use in classrooms, students, faculty or staff at workstations or in small group rooms such as those available in the library may view audio-visual works that are owned by the College. In similar situations, the performance of non-dramatic literary or musical works is permitted, if the performance or display is a regular part of systematic instructional activities, if it is directly related to teaching content of transmission, if the setting is normally devoted to instructional activities, or if it is sited to accommodate persons with disabilities. 

Assuming the purpose is curricular and the setting is face-to-face, two additional criteria apply: (1) the performance of the audiovisual work must meet the instructional objective; and (2) the audio-visual work must be a “lawfully made” copy. Any other type of performance or display of an audio-visual work is potentially a copyright infringement. 

Recording College Events 
Permission to record presentations by registered students, faculty, and staff is assumed if the recording is to be used for archival or classroom use only. Written permission of the presenter or sponsor is required for presentations made by any other individual or group regardless of the recording’s purpose. One archival copy of non-classroom events using copyrighted materials may be produced if the presenter has obtained clearance from the copyright holder. Non-archival copies of presentations may only be produced if written permission allowing the duplication of the material has been obtained in advance from all 

Off-Air Recording of Broadcast Programming for Educational Purposes 
A broadcast program (including cable program) may be recorded off-air and retained for 45 calendar days after date of recording. Off-air recordings may be used once by individual faculty member or instructors in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary in classrooms and similar places devoted to instruction during the first 10 school days in the 45-day retention period. Off-air recordings may be made only at the request of and use by individual faculty and instructors and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of faculty and instructors under this policy. Each additional copy shall be subject to all provisions governing the original recording. 

After the first ten consecutive school days, off-air recordings may be used up to the end of the 45-day retention period only for teacher evaluation purposes (i.e. to determine whether to including the broadcast program in the teaching curriculum and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization. After 45 days, a license for retention must be obtained or the recording must be erased or destroyed. Recordings need not be used in their entirety but may not be altered from their original content or physically or electronically combined or merged to constitute teaching anthologies or compilations. Recordings must contain the copyright notice on the broadcast program as recorded. 

OWNERSHIP OF INTELLECTUAL PROPERTY 
The author or creator of intellectual property is usually the owner of that intellectual property unless the intellectual property is a “work made for hire.” Copyright law (Section 101 of Title 17 of the U.S. Code) defines a “work made for hire” as: 

1. a work prepared by an employee within the scope of his or her employment; or
2. a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work,[4] as a compilation, as an instructional text, [5] as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument that the work shall be considered a work made for hire.

If the work does not fit the legal definition of “work made for hire” the employer may still own the intellectual property if it is created pursuant to a contract, collective bargaining agreement, or assignment of copyright. 

1. A “supplementary work” is “a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, after words, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes.”
2. An “instructional text” is a “literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.”
3. Since its passage in 1976, the Copyright Law has been amended numerous times by, for example, the Digital Millennium Copyright Act in 1998 and the Technology, Education, and Copyright Harmonization Act (“TEACH Act”) in 2002. These amendments outline the copyright requirements for digital content and online distance education addressed in this policy. Additional information regarding these amendments can be found in the appendices to this policy.
4. A “supplementary work” is “a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, after words, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes.”
5. An “instructional text” is a “literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.”

Campus Grounds Smoking Policy

1. POLICY
   
   Be it enacted that:

2. EVALUATION OF POLICY
   
   Policy will be evaluated after the Spring Semester of 2004 by Administrative Services and the Student Government, or after Fall Semester of 2004, or any time immediately after the policy has been in effect a full continuous Fall or Spring semester for the first time.
    
3. ENFORCEMENT
   
   The policy will be governed by the Springfield Technical Community College Code of Conduct.
   
   Student violators should be brought to the attention of the Dean of Students.
    
4. FURTHER ACTION
   
   Possibility of review of other campus areas in need of consideration to remain open.

Policy on Service Animals

Springfield Technical Community College generally permits service animals assisting individuals with disabilities in all facilities maintained by the College. Therefore, an individual with a disability shall be permitted to be accompanied by his/her service animal in all areas of the Colleges facilities where members of the public are permitted. The College reserves the right to impose restrictions on the use of service animals on its property in order to maintain safety or to avoid disruption of College operations.

This policy applies only to facilities owned by the College or under its control. Please be advised that there may be restrictions imposed on the use of service animals in non-college facilities, such as hospitals, science laboratories or other clinical or internship experience locations. Such restrictions are established by the individual facilities according to their own policies and procedures and the College has no control over such restrictions.

“Service Animal” Defined

The Americans with Disabilities Acts regulations define service animal as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. However, in certain instances, the use of other animals as a service animal may be permitted under other laws so please consult with the Colleges Disability Services Officer.

Type of Work or Tasks a Service Animal May Provide

Work or tasks performed by a service animal must be directly related to its handler’s disability. Examples of work or tasks performed by service animals include, but are not limited to:

• assisting individuals who are blind or have low vision with navigation and other tasks;
• alerting individuals who are deaf or hard of hearing to the presence of people or sounds;
• providing non-violent protection or rescue work;
• pulling a wheelchair;
• assisting an individual during a seizure;
• alerting individuals to the presence of allergens;
• retrieving items such as medicine or the telephone;
• providing physical support and assistance with balance and stability to individuals with mobility disabilities; and
• helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

Services that do not qualify as work or tasks performed by a service animal include:

• crime deterrent effects; or
• the provision of emotional support, comfort, or companionship, often referred to as therapy or companion animals.

Service Animal Documentation

Consistent with state law, all dogs on campus shall:

• possess an animal license in compliance with Massachusetts law;
• be properly immunized and vaccinated; and
• wear a current license and rabies vaccination tag.

It is recommended that a service animal wear some type of recognizable symbol identifying it as a service animal. However, there is no requirement for documentation to prove that the animal has had particular training or is a certified service animal.

Registration of a Service Animal on Campus

When practicable, a student or employee seeking to use a service animal is requested to notify the Office of Disability Services prior to bringing the animal on to College property. A service animal’s handler will be asked to complete a voluntary Service Animal Registration Form  and an Acknowledgement of Responsibility and Waiver of Liability Agreement  . These documents shall be maintained confidentially by the College. If the animal qualifies as a service animal, the handler will voluntarily agree to comply with this policy at all times while the animal is on College property. Members of the general public intending to visit the college with a service animal should notify the College’s Office of Disability Services in advance when practicable. Specific questions related to the use of service animals on College property can be directed to Cyndee Shiveley, Title IX Coordinator and Deputy Affirmative Action Officer via email at cmshiveley@stcc.edu or by phone at (413) 755-4454.

Permissible Inquiries About a Service Animal

It is permissible for the College to make the following inquiries in order to determine whether an animal qualifies as a service animal:

• Is the animal required because of a disability? and
• What work or task is the animal trained to perform?

The College shall not inquire about the nature or extent of a person’s disability. Further, the College shall not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind, pulling a person’s wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability).

Control of a Service Animal

The College is not responsible for the care or supervision of a service animal. A service animal must be under the control of its handler at all times. A service animal shall have a leash or other tether, unless the handler is unable because of a disability to use a leash or other tether, or the use of such would interfere with the service animal’s safe, effective performance of its work or tasks. Under those circumstances where a service animal is not tethered, the service animal must be otherwise under the handler’s control (e.g., voice control, signals, or other effective means).

Health, Hygiene and Cleanliness

Service animals must be clean. Daily grooming and occasional baths should be utilized to keep the animals odor to a minimum. Adequate flea prevention and control must be maintained. If a service animals odor is offensive to other individuals, the handler will be requested to bathe the service animal prior to returning to the College. A service animals handler must clean up after the animal. If due to a disability the handler is unable to do so, the handler shall make alternative arrangements to do so.

Exclusion of a Service Animal from College Property

The College may direct an individual with a disability to remove a service animal from the premises if the animal:

• is out of control and its handler does not take effective action to control it (including the animal poses a direct threat to others on campus and/or exhibits behavior that interferes with the educational process;
• is not housebroken, is ill, or presents a reoccurring offensive odor; and/or
• is not properly licensed and/or vaccinated.

If the College excludes a service animal from its premises, it shall still afford the individual with a disability the opportunity to participate in its programs or activity without having the service animal on the premises.

Public Etiquette Rules

Members of the public should avoid:

• petting a service animal as it may distract the animal from its work;
• feeding a service animal;
• deliberately startling a service animal;
• calling or attempting to attract the attention of a service animal; and
• attempting to separate a service animal from its handler.

Grievances

Any person who believes that his/her rights to use a service animal on College property have been violated may file a complaint under the Colleges Affirmative Action Plan by contacting the Colleges Affirmative Action Officer.

IMPLEMENTED JANUARY 2013
Fed law/ADA/service animals/model policy 3-6-12

Bathroom and Locker Room Use

All students may utilize bathroom or locker room facilities on campus that are designated as gender-neutral or that are consistent with a student’s sincerely held gender identity.  Use of a bathroom or locker room by any student for an improper purpose will result in disciplinary action, up to and including expulsion.  

Latex Allergy Policy (Schools of Nursing and Health and Patient Simulation)

Latex products are common in the medical environment. Allergic responses to latex can range from irritation and allergic contact dermatitis to the possibility of life threatening anaphylactic shock. Guidelines have been established at Springfield Technical Community College to provide information to potential allied health and nursing program applicants and staff who are sensitive to latex.

Latex free environments are seldom available in either clinical or academic settings. Therefore, an individual with a latex allergy/sensitivity wearing alternative vinyl or nitrile gloves is still exposed to latex residue of others working in the area or to latex present in the equipment, models and mannequins. Although latex gloves are the most prominent source of latex allergen, many other products contain latex including, but not limited to:

• Blood pressure cuffs, medication vials, syringe connectors and wound drains

• Stethoscopes, catheters, respirators, and goggles

• Oral and nasal airways, surgical masks, and electrode pads

• Endotracheal tubes, syringes, IV tubing, and tourniquets

Any student who has or develops symptoms consistent with latex allergy/sensitivity is advised to consult a qualified allergist for evaluation prior to enrollment in the Schools of Nursing or Health and Patient Simulation. All such evaluations are at the student’s expense. If it is determined that a student suffers from a latex sensitivity/allergy and the student desires an academic adjustment, including auxiliary aids or service, or reasonable accommodation due to this condition, the student must contact the College’s Office of Disability Services at (413) 755-4785.

As with all matters related to one’s health, the utmost precautions should be taken by the student to reduce the risk of exposure and allergic reactions. This may include the carrying of an epi-pen by the individual or other precautions as advised by the student’s health care provider. It is the responsibility of the student with a latex sensitivity to understand and acknowledge the risks association with continued exposure to latex during a clinical education and healthcare career, even when reasonable accommodations are made and to regularly consult with his/her health care provider.

In an effort to minimize the presence of latex in the College’s lab facilities, Springfield Technical Community College will provide latex-free and powder-free gloves in all College lab facilities. Should a clinical agency site NOT provide latex-free gloves, the College will provide latex-free gloves for clinical use. Additionally, the College is taking the following steps to minimize latex in its lab facilities: 1) replacement of all gloves in use by faculty and students with nitrile or vinyl gloves; 2) maintaining an inventory of all products/equipment and supplies in the School of Health and Patient Simulation that contain or could contain latex; and 3) future purchasing of latex-safe supplies and equipment whenever possible.

As with all students in a School Health and Patient Simulation program, a student with a latex sensitivity or allergy is required to satisfactorily complete all requirements and technical standards of the program to which they have been accepted.

Guest Speakers Policy

As part of the educational process, students are encouraged to invite guest speakers to campus who have a demonstrated expertise in an area of interest to the College community.  Recognized student clubs and organizations may invite to the College any person who contributes to the intellectual or cultural life of the College.  Individual students wishing to invite a speaker to campus should seek the sponsorship of a recognized student club or organization. 

In order to derive maximum benefit from a guest speaker’s presence on campus, it is recommended that prior to extending a final invitation, the sponsoring-recognized student club or organization consult with the Office of Student Activities and Development and with faculty in related fields of expertise to assist the College in its efforts to offer a full, varied, and balanced program of guest speakers that will result in the broadest exchange of ideas and opinions. 

A guest speaker program may be subject to reasonable and content-neutral time, place, and manner restrictions and speech that seeks to incite imminent violence or constitutes harassment, threats, defamation, or obscenities is prohibited.  It shall not be inferred or implied that any guest speaker program conducted in accordance with this policy is approved or endorsed by the College.

To schedule College facilities for a guest speaker program, please contact the Student Activities Office at least seventy-two (72) hours in advance in order to ensure proper planning and the availability of security, facility equipment, and/or personnel and/or food services, to the extent requested or required.  College facilities will be assigned based on space availability.

Student Expression Policy

The College recognizes and supports the rights of students to engage in constitutionally protected expressive activities on campus, including speaking, non-verbal expression, distributing literature, displaying signage and circulating petitions. Expressive activities may be conducted at any publicly accessible outdoor area on campus, including the college green. Expressive activities may also be conducted in the Forum located in Student Learning Commons (Building 19). Nothing in this policy shall be interpreted as limiting expressive activities at any other publicly accessible location on College property so long as the expressive activity or related student conduct does not disrupt College activities or functions or violate any other applicable College policies. Disruptive activities, which are generally prohibited, may include obstructing building entrances or exits, walkways, sidewalks, vehicular or pedestrian traffic on or adjacent to campus, and/or interfering with the College’s academic mission, classes, meetings, events, ceremonies or with other essential processes of the College. The College reserves the right to impose reasonable and content-neutral time, place and manner restrictions on expressive activities as constitutionally appropriate and to prohibit any expressive activities that seek to incite imminent violence or constitute harassment, threats, defamation or obscenities. It shall not be inferred or implied that any expressive activity conducted in accordance with this policy is approved or endorsed by the College.

The College strongly encourages students who wish to engage in expressive activities in publicly accessible locations on campus to contact the Vice President of Student Affairs at 413-755-4558. Student Affairs can help coordinate with Facilities (413-755-4656) to schedule the desired location in advance to minimize possible conflicts. Priority for use of specific locations is given to students who register their activities with the College. Use of any non-publicly accessible locations on campus by any student must also be scheduled through the Facilities Event team.

When distributing literature on campus, it is strongly recommended that all such literature bear the name of the individual, club or organization distributing the materials. The distribution of literature for the purpose of solicitation or commercial activity is strictly prohibited.

To ensure that individuals and groups who are not affiliated with the College understand the College’s policies and procedures concerning expressive activities on campus, all unaffiliated individuals or groups must first contact the Facilities Event team at 413-755-4656 at least 48 hours before engaging in any expressive activities on College property.

Emergency Messages

In the event of an off-campus emergency requiring the attention of a student, the Vice President of Student Affairs Office will try to contact the student.  You may reach the Student Affairs office by calling 413-755-4402 between the hours of 8 a.m. to 4 p.m., and the office of Campus Police at 413-755-4220 after 4 p.m.  Only emergency messages can be relayed to students and only a serious emergency can justify interrupting a class.  If a student is not in class, it is not possible to locate and notify the student.

Student Suicide Prevention Protocol

The College recognizes that a student’s physical, behavioral, and emotional health is an integral component of a student’s academic success at the College.  The purpose of the protocol is to protect the health and well-being of all students by having procedures in place to identify, assess the risk of, intervene in, and respond to suicidal behavior.  The policy is activated when the College has actual knowledge that a student is actively engaged in suicidal behavior, has previously engaged in suicidal behavior while enrolled at the College or recently before matriculation, or has stated plans or intentions to commit suicide.  A student who engages in any of these behaviors may be required to comply with the College’s Re-Entry Policy before being permitted to resume classes.  The Student Suicide Prevention Protocol is administered by the Office of the Vice President of Student Affairs. Copies of that policy or the College’s Re-Entry Policy are available in the Office of the Vice President of Student Affairs or electronically on the Student Affairs portal page.

Re-Entry Process Following Absence due to Medical Leave or Hospitalization

Any student who takes a medical leave from the College, or is hospitalized while enrolled at College, must comply with the College’s re-entry process before resuming classes.  This process is intended to ensure that a student who is returning from a medical leave or hospitalization is capable of successfully resuming their academic activities.  The re-entry process includes the following steps: (1) student completes and submits a Student Medical Re-Entry Form; (2) student’s licensed health care provider completes and submits a Health Care Provider Medical Re-Entry Form; and (3) following the submission of both forms, the student shall meet with the Vice President of Student Affairs for a re-entry interview to determine if and when it is appropriate for the student to resume his/her studies.

The College’s Re-Entry Process is administered by the Office of the Vice President of Student Affairs.  When the College is first informed of a student’s medical leave or hospitalization, the College will place a general “hold” on the student’s registration, pending the College’s decision on the student’s re­entry.  Throughout the re-entry process, the highest level of confidentiality will be maintained. For more information about the Re-Entry Process, please contact the Office of the Vice President of Student Affairs.  Students subject to the College’s Suicide Prevention Protocol shall be required to comply with the Re-Entry Process. Copies of that Re-Entry policy or the Suicide Prevention Protocol are available in the Office of the Vice President of Student Affairs or electronically on the Student Affairs portal page.