Duke U. Policy Sets Rules for Online-Course Ownership and Conflicts of Interest
By DAN CARNEVALE
Duke University's Academic Council has approved a policy that sets rules for faculty members' ownership of online courses while attempting to protect against possible conflicts of interest that could arise from professors' providing course material for other institutions.
If approved by the administration, the policy would let faculty members keep ownership of all courses they create as individuals. Courses that are created using substantial Duke resources or through work-for-hire arrangements would remain the property of the university. For courses that fall in between, a committee appointed by the provost would determine ownership.
The policy defines potential conflicts of interest several ways. Faculty members who want to teach an online course outside the university that would compete with an online Duke course, or that is "substantially equivalent" to a conventional Duke course, would face potential conflicts. Conflicts might also arise if a faculty member let an extracurricular project interfere with duties at Duke, or if a faculty member's outside course was designed in a way that misled the public into thinking it was actually a Duke course.
The appropriate dean would review any potential conflicts of interest. In the review process, the dean could simply waive the conflict-of-interest rules or could discuss ways to work around them.
David Lange, a Duke law professor who is a member of the Academic Council committee that wrote the policy, says one of its strengths is that it separates the issue of intellectual property from conflicts of interest. This way faculty members can keep ownership of their courses while the university can make sure that what the professors do doesn't hurt Duke.
"It's an extremely good approach to these issues," he says.
The policy was approved by the Academic Council, which is made up of faculty members, on May 12. But the new rules won't take effect until July 15, giving interested parties time to bring up concerns about it. No objections are expected, faculty members and administrators say.
"As far as the faculty is concerned, we're generally satisfied," says Robert P. Mosteller, chairman of the Academic Council.
Peter Lange, Duke's provost, says administrators seem happy with the policy and will approve it if no further concerns arise. Although Duke's distance-education program isn't as extensive as those of other, more aggressive institutions, university officials wanted to have in place a structure capable of accommodating a larger program, in case they decide to create one. The purpose of establishing the policy was to anticipate any problems that might occur and plan accordingly, he says.
"It seemed to us that this was a looming issue," Mr. Mosteller says.
Faculty members who are creating online courses believe the policy will work well, says Mr. Mosteller. With the policy in place, the university and its faculty members will be able to develop distance-education materials without getting in each other's way, he says.
"It allows both parties to go out and start doing stuff," he adds.