1. Conflict of Interest in Assignment of Course Material FA004089

2. Resources Faculty Affairs, Bronco Bookstore (Suzanne Donnelly), General Council, AVPR&G for compliance with Intellectual Property Rights Policy. CSU Universities: Long Beach, Fresno, Humboldt, San Diego, San Marcos, Northridge, Fullerton, San Bernardino. Other Universities (Non-CSU): University if Florida, UNC Charlotte, Williams and Mary, Baruch College, Texas A&M, Arkansas State, Missouri, Minnesota, Boise State, University of Arkansas, Midwestern State, Delaware

3. Current Interim Policy Adopted few years ago in response to EO May have had unintended consequences

4. Provisions of Interim Policy The preparation of course materials is an integral part of a faculty member's regular duties. Faculty are prohibited from profiting personally from the sale of course material Acceptance of royalties/commissions is considered a conflict of interest and a violation of professional ethics The exception to the above are the course material published for general (that is, national or international) use with the level of royalty set through a contract.

5. Provisions of the interim Policy Course material prepared by a faculty member may be sold through the Bronco Bookstore or through a copy center The costs that can be included in a fee paid by students for the course materials are department costs for non­faculty support time, copying costs, and the cost of any copyright fees. The cost of copyrights can be included in the selling price. Faculty members assume the full legal responsibility for compliance with the copyright law when a copy center is used. The academic department shall deposit all amounts collected for the sale of course material into state reimbursement accounts.

6. Revised Policy FA recommends adoption of a new policy Purpose of the new policy is to assist the administrators and the faculty in reaching decisions regarding the adoption of course material at Cal Poly, Pomona that: 1. Observe the copyright laws, 2. Address the conflict of interest concerns, 3. Satisfy the University requirements for the sale and assignment of course materials.

7. Scope of the Policy Policy applies to: 1. Sale or adoption of course materials that are authored/prepared solely for use in a classroom at Cal Poly, Pomona, 2. Sale or adoption of course materials for use in a classroom at Cal Poly, Pomona that is authored/prepared for a wider national/international market but are only sold to Cal Poly, Pomona students.

8. General Provisions University encourages the scholarly activities of the faculty members including publication of text books and preparation of self-authored course materials. The University recognizes that there is nothing fundamentally wrong with faculty requiring their students to purchase the textbooks or other course material authored and/or prepared by the faculty member. When a faculty member receives financial benefits from the assignment of course materials there is a potential for real or perceived conflict of interest.

9. Policy on Reproduction of Course Materials It is the faculty members responsibility to comply with all existing and applicable copyright laws in preparation of their course materials. The Campus bookstore shall assure that all course materials which it agrees to reproduce for comply with existing copyright laws. Each faculty member is individually responsible for claims of copyright infringement resulting from the off- campus copying of course materials regardless of the venue chosen for sale. Cost of copyright royalties or fees may be passed to the students who purchase the course materials.

10. Policy Provisions Course materials authored or prepared by any faculty member may be adopted after approval by a peer review committee. The peer review committee shall review the adoption request for academic quality and its cost to the students. Faculty may choose any venue for sale of course materials to the students, provided that they also submit information about those materials to Bronco Bookstore. Faculty shall hold no financial interest in the off-campus shop or publishing company and should disclose to his/her department chair and college dean any surcharge or royalty paid by that venue.

11. Policy Provisions The price for the course materials may include a maximum of 10% mark-up or surcharge. The markup, surcharge, royalty, and fee shall be deposited in an account established at the University Foundation. All expenditures from the account shall be approved by the department faculty, college dean. Informative and evaluative documents (i.e. syllabus, quizzes, extra credit exercises, etc.) shall be provided to the students free of charge. Faculty shall never sell course materials directly to the students