Policies and Procedures

Disability Services

The Office of Disability Services at Georgia Gwinnett College encourages all students to reach their full potential, both academically and personally, by providing equal access to classes and campus life. The Office of Disability Services works to

1. Provide reasonable accommodations that ensure an accessible educational, academic and social environment to students with documented disabilities.
2. Advocate for students and teach students to advocate for themselves.
3. Educate faculty, staff and students regarding disability related issues.
4. Continually evaluate physical accessibility at the College and look at changing conditions that may affect a person’s accommodations.

Upon acceptance, any student with a documented disability or special need should notify The Office of Disability Services in Student Affairs at 678-407-5883 to receive assistance or accommodations.

Academic Freedom

It is Georgia Gwinnett College’s policy to publish academic freedom statement in all major policy documents that are used by the faculty, staff and students. GGC is committed to the protection of Academic Freedom by providing grievance procedures that can be used in causes of violation of Academic Freedom. Grievance procedures can be found in section V of this document.

Academic Freedom Statement

As a liberal arts college dedicated to the holistic development of students and to the production of graduates who can anticipate and respond effectively to the changing world, Georgia Gwinnett College affirms the vital role of diverse perspectives in helping students to develop their own knowledge and their ability to evaluate knowledge claims critically. The administration, faculty, staff and students share responsibility for fostering a climate that is favorable to the free exchange of ideas and to the examination of conflicting ideas and interpretations using generally accepted disciplinary standards of inquiry. Freedom of speech and expression extends to all members of the academic community, subject to commonly accepted constitutional limits on speech that is libelous or slanderous, incites violence, or discriminates against or harasses others.

Academic freedom is essential to the integrity of intellectual inquiry and scholarly criticism, to the dissemination of knowledge and to the search for truth and wisdom. It is the foundation upon which the all of the intellectual activity of the college rests. Faculty members are free to pursue scholarly interests without fear of censure, discipline, or reprisal.

This freedom extends to the display, publication and performance of creative work. Faculty may speak freely on all matters of college governance and may speak, work, or act as an individual in the public arena without fear of institutional discipline or restraint.

A fundamental goal of liberal arts education is the development of students’ skills of analysis and critical inquiry. To this end, faculty are free to teach and discuss any aspect of a given topic pertinent to the course being taught as a means of teaching students to explore and evaluate competing perspectives and interpretations as they learn to assemble their own informed judgments. Faculty has a concomitant responsibility to teach students to evaluate knowledge claims using standards of evidence accepted in their respective disciplines and to promote respect for competing views offered by others. Students have the right to a safe classroom environment in which they can explore controversial ideas in an atmosphere characterized by openness, tolerance and civility and where they will be graded only on the intellectual merits of their work.

The College has established formal grievance procedures for addressing claims of unfair academic treatment by any member of the campus community.

Our view of academic freedom incorporates the principles of academic freedom stated by the American Association of University Professors (AAUP) as follows:

1. The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of [his/her] other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
2. The teacher is entitled to freedom in the classroom in discussing [his/her] subject, but [he/she] should be careful not to introduce into his/her teaching controversial matter which has no relation to his/her subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.
3. The college or university teacher is a citizen, a member of a learned profession and an officer of an educational institution. When [he/she] speaks or writes as a citizen, [he/she] should be free from institutional censorship or discipline, but [his/her] special position in the community imposes obligations. As a person of learning and an educational officer, [he/she] should remember that the public may judge [his/her] profession and [his/her] institution by [his/her] utterances. Hence, [he/she] should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others and should make every effort to indicate that [he/she] is not an institutional spokesperson.

The faculty also endorses the Statement on Academic Rights and Responsibilities published by the American Council on Education.

Acceptable Use of Information Technology Resources

General

Georgia Gwinnett College provides access to computing resources for students, faculty, staff and other authorized users. The computing resources of Georgia Gwinnett College, including facilities, hardware, software, networks and computer accounts, are the property of the State of Georgia. The use of these resources is a privilege granted by Georgia Gwinnett College to authorized users only. Georgia Gwinnett College requires its computing resources to be used responsibly by all authorized users and in compliance with all state and federal laws, contractual and license agreements and all policies of Georgia Gwinnett College and the Board of Regents of the University System of Georgia. Authorized users of the College’s computing resources must act responsibly to maintain the integrity and security of these resources.

Rights and Responsibilities

The Acceptable Use of Information Technology Resources policy is a complement to relevant laws and policies intended to define acceptable and unacceptable computer use practices at Georgia Gwinnett College (GGC), to promote an understanding of responsible usage of college computing resources and to protect and conserve those resources. This policy does not supersede any relevant State or Federal laws pertaining to the use Information Technology or policies of University System of Georgia. GGC does not provide a warranty, either expressly or implied, for the information technology services provided. The College reserves the right to limit a computer user’s session or access if there are insufficient resources and to cancel, restart, or hold a job, process, or program to protect or improve system performance and security if necessary.

Authorized users include: current faculty, staff and students of Georgia Gwinnett College; any person connecting to a public information service housed on an information technology resource; and others whose access furthers the mission of the College and whose usage does not interfere with other users’ access to information technology resources. Each user of an information technology resource must be specifically authorized to use that particular resource by the college unit responsible for maintaining and operating the resource.

Authorized users are responsible for all their activities using information technology services and will respect the intended use of such services. Individuals misusing the College’s computing resources in violation of federal and state laws, Board of Regents and university policies, or this policy are subject to disciplinary actions by the College including suspension of their access and forfeiture of their computer privileges. In the event that use or misuse of Georgia Gwinnett College’s information technology resources threatens to compromise the security or integrity of data or services, the Chief Information Officer, or his designee, may restrict or terminate user access to GGC resources pending investigation.

Users of college information technology resources have no guarantee of the privacy of materials stored on those resources. The College reserves the right to access any of its computer resources when federal or state laws or university policies may have been violated or where college contractual obligations or college operations may be impeded or when deemed in the best interest of the College. Authorized users should not store confidential information within the College systems without protecting it appropriately. The College cannot and will not guarantee the privacy or confidentiality of computer files, electronic mail, or other information stored or transmitted by its computers. All computer usage on Georgia Gwinnett College information technology resources and network facilities is subject to the provisions of the Georgia Open Records Act, O.C.G.A. §§ 50-18-70 et seq.

System administrators will perform their duties fairly, in cooperation with the Georgia Gwinnett College community, their administrative supervisors, college policies and funding resources. System administrators will respect the privacy of others to the extent allowed by law and College policy. System administrators will refer all disciplinary matters to appropriate authorities.

Examples of Misuse of Information Technology Resources

1. attempting to defeat or circumvent any security measures, controls, accounts, or record-keeping systems;
2. using systems for unauthorized access;
3. Misrepresenting a person’s identity or relationship to the University when obtaining or using university computer or network privileges;
4. intentionally altering, misappropriating, dismantling, disfiguring, disabling, or destroying any computing resource, information technology, data or services;
5. using information technology services for workplace violence of any kind;
6. using information technology services for unlawful purposes including fraudulent, threatening, defamatory, harassing, or obscene communications;
7. invading the privacy rights of anyone;
8. disclosing student records in violation of FERPA;
9. violating copyright laws including the Digital Millennium Copyright Act. (Copying, installing, distributing, infringing, or otherwise using any software, data files, images, text, or other materials in violation of copyrights, trademarks, service marks patents, other intellectual property rights, contracts, or license agreements is prohibited. All usage of computing resources shall be in compliance with federal and state copyright laws and in full conformance with the Regents Guide to Understanding Copyright and Fair Use.)

Disciplinary Actions

Use of College information technology resources in violation of applicable laws or College policy may result in sanctions, including withdrawal of use privilege; disciplinary action, up to and including, expulsion from the College or discharge from a position; and legal prosecution under applicable federal and/or state law. Some violations may constitute criminal offenses; the College will carry out its responsibility to report such violations to the appropriate authorities.

Security and Confidentiality of Records

Georgia Gwinnett College follows all policies governing the security and confidentiality of records as dictated by the Board of Regents. Directory information for any student will be distributed by Georgia Gwinnett College only as herein provided. Directory information may include the student’s name, address, telephone number, date and place of birth, major field of study, participation in collegiate activities, dates of attendance, degrees conferred, awards and honors earned, the most recent previous educational agency or institution attended by the student and other similar information. Students have the right to refuse to permit the designation of any or all the categories as directory information. If students choose to exercise the right of refusal, they must do so in writing to the Registrar within 30 days of the beginning of each academic semester. It is understood that appropriate college officials will have access to such information and records as shall be necessary for them to perform their professional responsibilities. All official use of student files shall be in accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA) and shall be duly recorded and shall be documented as required by its regulations.

The following information and records shall not be covered by this policy and access shall not be provided to students: information related to pending admissions decisions, financial records or information relating to students or parents/guardians; confidential statements of recommendation placed in the record obtained if a receipt of a statement from students waiving the right to open accessibility placement records is present; all information relative to the application for and receipt of financial assistance; records created or maintained by a physician, psychiatrist, psychologist, or other professional or paraprofessional acting or assisting in a similar capacity in treatment of a student; institutional employment or faculty files; alumni information; or a student serving on an official committee such as a disciplinary committee, or assisting another school official in performing his or her tasks; and sole-access educational records. Sole-access records are those records of instructional, supervisory and administration and educational personnel that are in the sole possession of the makers and are not accessible or revealed to any other individual except a temporary substitute.

Procedure for Review and Correction

Pursuant to Family Educational Rights and Privacy Act of 1974, students have the right to inspect their educational records and correct such records if necessary. Students desiring to review their records should make this request to the appropriate official in writing. Such written request will be granted within a period of no more than 45 days from the date of request. In the event the record contains inaccurate, misleading or otherwise inappropriate information, every effort will be made to correct or delete such material and the student will be so informed of such action in writing. Institutions may release information to governmental agencies for review for purposes of financial aid audits, National Student Loan Clearinghouse, etc. In the event of a subpoena, the institution may disclose information if the institution makes a reasonable effort to notify the eligible student of the order or subpoena in advance of compliance, so that the student may seek protective action, unless the disclosure is in compliance with a Federal grand jury subpoena. Complete information on FERPA policy may be found at the U.S. Department of Education website.

Student Records Management and Security Policy

Policy

Because the ongoing security and confidentiality of student records is critical to the integrity of the institution, Georgia Gwinnett College protects the security, confidentiality, and integrity (including data protection and back up) of student records (regardless of storage media) from creation or receipt through processing, distribution, use retrieval, and maintenance to their ultimate disposition. GGC recognizes the importance of protecting confidentiality of records, preserving the integrity of its students’ academic records, and overseeing the release of records in accordance with state and federal mandates and commonly accepted standards and practices among institutions of higher learning.

Student records include but are not limited to the following:

• Faculty: Class roles with grades, papers, exams, papers, assessments (paper, learning management system, laptops), advisee notes, confidential conversations in any form (e.g. email, text, print, verbal)
• Student affairs: Conduct, Medical (HIPPA, Fitness, Physician, mental health), disability, academic integrity violations, career services, e-mails with confidential information
• Enrollment Management: Admissions, financial aid, Registrar (transcripts, grades, applications, financial documentation about residency), medical (immunization and records submitted as documentation for hardship request, etc.), immigration status, e-mails with confidential information
• Intra-student e-mail communication within the GGC system

Policies related to confidentiality, security, integrity of records, and data protection and backup are reviewed yearly.

They include:

• APM 10.8 Data Management and Classification
• APM 11.3 Information Security Policy
• APM 11.50.2 GGC Information Security
• APM 11.50.3 Continuity of Operations Plan Policy
• APM 11.90 GGC Library and Information Commons Computer Use Policy

Georgia Gwinnett College’s policies address records management policies in the following subcategories.

Protecting the Right to Privacy

Georgia Gwinnett College protects the rights of privacy of all student records including academic, medical and financial records, by following all local, state and federal law to include the Family Educational Rights and Privacy Act (FERPA) of 1974, the Health Insurance Portability and Accountability Act ( HIPPA) of 1996, and Gramm-Leach Bliley Act of 1999.

• See APM 10.8 Data Management and Classification for related information.

Restricting Access to Records

Restricted physical and electronic access is the first line of defense for protecting records from physical damage, intrusion or theft. A proactive approach will be taken with respect to monitoring for physical and system invasion. In protecting records, the College will require that:

All student records will be kept in a locked, secure location and faculty and staff will observe the College’s written standards of behavior when dealing with student records.

• Electronic access will be protected as described in APM 10.8 Data Management and Classification, APM 11.3 Information Security Policy and APM 11.50.2 GGC Information Security, following security and confidentiality protocols as defined by the USG Board of Regents (BOR Policy Manual Section 11.3)
• See APM 10.8 Data Management and Classification, APM 11.3 Information Security Policy and APM 11.50.2 GGC Information Security for related information.

Releasing Information Only in Accordance with Strict Guidelines

• In accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA), the college maintains the right to require consent to disclosure of personally identifiable information contained in the student’s educational records except to the extent that FERPA authorizes disclosure without consent.
• In accordance with FERPA, the college permits disclosure without consent if the disclosure of information is to school officials with a legitimate educational interest, such as a person employed by the college in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Regents; or a student serving on an official committee such as a disciplinary committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
• Upon request, the college discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

Providing Students and their Parents with Information Concerning Students’ Rights for the Protection of their Confidential Records

• GGC FERPA Disclosure Notice to Students will be explained to new students and their parents who attend the BEAR ESSENTIALS Orientation session as well as available to students on-line and in the Georgia Gwinnett College Catalog.
• Signed GGC FERPA Disclose Notice to Students will be maintained in the student file as well as recorded in Banner.
• GGC recognizes the right of the student to refuse to permit the release of information, including directory information as defined by FERPA.

Student Electronic Records Storage and Recovery

• The College recognizes the need to provide reliable and efficient student services, therefore coordinates with the University System of Georgia to consolidate the technical environment for the Banner Student Information System for the purpose of providing secure, reliable, and cost effective database administration and system support functions.
• The Student Information System is managed via a memorandum of agreement with the University System of Georgia Information Technology Systems, which has a contract with Ellucian. A structured recovery plan is well documented and ready for execution in the event of system component failures is part of that arrangement.
• See APM 11.50.3 Continuity of Operations Plan Policy for information addressing disaster plans for records.

Training of New Employees (Faculty, Staff and Student Workers) as well as Current Employees

• A regular training schedule for faculty and staff will be maintained to assure that the policy and procedures for storage, release, dissemination and disposition (whether physical, printed, or verbal) is consistently adhered to.
• See APM 10.8 Data Management and Classification for additional information on employee responsibilities.

Annual Review of Procedures as well as Immediate Review of Procedures Any Time a Breach of Procedures is Identified

• A committee of members responsible for student data will complete an annual review of procedures for records security and privacy.
• In the event of a breach of procedures, the registrar will be notified of the violation. The appropriate dean, director and/or HR will address the situation and work with the Executive Director of Human Resources to address the issue with the person or the supervisor of the person who has committed the breach of procedures.

Records Retention and Disposition

• Records will be kept according to the Georgia Board of Regents retention schedule (http://www.usg.edu/records_management/schedules)
• Review of the proper procedures for records disposal will happen annually for faculty and staff via the annual FERPA notification procedure.

Release of Records

Georgia Gwinnett College follows all policies governing the security and confidentiality of records as dictated by the Board of Regents. Georgia Gwinnett College does not publish a student directory; however the student’s name, major field of study, dates of attendance, and degrees conferred may be disclosed without consent of the student. For Georgia Gwinnett College, this is the only information which could be considered “Directory Information” for FERPA or other purposes, including but not limited to external record requests.

Students have the right to refuse to permit the disclosure of any information. If students choose to exercise the right of refusal, they must do so in writing to the Registrar within 30 days of the beginning of each academic semester. It is understood that appropriate college officials will have access to such information and records as shall be necessary for them to perform their professional responsibilities. All official use of student files shall be in accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA) and shall be duly recorded and shall be documented as required by its regulations.

In accordance with FERPA, the college permits disclosure without consent if the disclosure of information is to school officials with a legitimate educational interest, such as a person employed by the college in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Regents; or a student serving on an official committee such as a disciplinary committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility

The following information and records shall not be covered by this policy and access shall not be provided to students: information related to pending admissions decisions, financial records or information relating to students or parents/guardians; confidential statements of recommendation placed in the record obtained if a receipt of a statement from students waiving the right to open accessibility placement records is present; all information relative to the application for and receipt of financial assistance; records created or maintained by a physician, psychiatrist, psychologist, or other professional or a professional acting or assisting in a similar capacity in treatment of a student; institutional employment or faculty files; alumni information; and sole-access educational records. Sole access records are those records of instructional, supervisory and administration and educational personnel that are in the sole possession of the makers and are not accessible or revealed to any other individual except a temporary substitute.

Correction of Records

Pursuant to Family Educational Rights and Privacy Act of 1974, students have the right to inspect their educational records and correct such records if necessary. Students desiring to review their records should make this request to the appropriate official in writing. Such written request will be granted within a period of no more than 45 days from the date of request. In the event the record contains inaccurate, misleading or otherwise inappropriate information, every effort will be made to correct or delete such material, and the student will be so informed of such action in writing. Institutions may release information to governmental agencies for review for purposes of financial aid audits, National Student Loan Clearinghouse, etc. In the event of a subpoena, the institution may disclose information if the institution makes a reasonable effort to notify the eligible student of the order or subpoena in advance of compliance, so that the student may seek protective action, unless the disclosure is in compliance with a Federal grand jury subpoena. Complete information on FERPA policy may be found at www.ed.gov/policy.

Student Records Procedures

This section details the procedures connected to the Student Records Policies outlines in APM 10.9.2, Records Management Policies.

Procedures Related to Privacy

As outlined in policy, GGC protects the privacy of students. Procedures that relate to privacy include restricting access to records, releasing information only in accordance with guidelines, and providing information to parents and students about student rights for the protection of confidential data.

Procedures Related to Restricting Access to Records

All student records will be kept in a locked, secure location with restricted access. Restricted access to records is given based on job level and a verifiable need to view the record. Faculty and staff who have been given restricted access to view records will:

• Make sure that all records are kept in a secure, locked location.
• Lock computer desktops and/or offices when leaving a work station.
• Refrain from storing student records on the computer desktop. All student data should be stored on a secure network drive.
• Ensure that College laptops are kept in a secure location whether on or off campus. Laptops must be locked and password protected when not in use.
• Properly shred printed material that contains information not necessary for storage.
• Maintain confidentiality of student information by being aware of their surroundings when holding discussions with the student or with others who have a verifiable need to know the information.
• Attend regularly offered training to faculty and staff to ensure that up-to-date security standards are understood and being adhered to. This training will include an annual review of FERPA, HIPAA, and Gramm-Leach Bliley regulations.

Access to confidential student data is available only to properly authorized personnel. GGC requires that:

• All users have individual accounts
• User permissions are controlled by user classes that control access to data
• Security log tables are monitored
• Documentation of site security procedures and end-user responsibilities are maintained.

These procedures apply both to information in the Student Information System and to Student Affairs student records including conduct, medical and other records covered under HIPPA such as Fitness, Physician and mental health, disability, academic integrity violations, career services, and e-mails with confidential information.

All student data stored electronically must comply with policies found in the APM in section 11.

• 11.50.1.1 Acceptable Use of Information Technology Resources
• 11.50.1.2 Internet Acceptable Use Policy
• 11.50.2.1 Data Usage 11.50.2.2 Password Policy
• 11.50.2.3 Electronic Mail Privacy Statement
• 11.50.2.4 Firewall Policy
• 11.50.3 Continuity of Operations Plan Policy
• 11.90 GGC Library Computer Use Policy

Procedures Related to Releasing Information

Faculty and Staff with access to student records are expected to use that access appropriately, mindful that they are required to have a legitimate educational interest in the data they access.

Individuals employed by the college who require data beyond their normal levels of access will submit a data request for the specific data needed. These requests will be reviewed for compliance with FERPA regulations before the data are provided.

Procedures Related to Informing Students and Parents of Students’ Rights for the Protection of Their Confidential Records

• GGC FERPA Disclosure Notice to Students will be explained to new students and their parents who attend the BEAR ESSENTIALS Orientation session as well as available to students on-line and in the Georgia Gwinnett College Catalog.
• Signed GGC FERPA Disclose Notice to Students will be maintained in the student file as well as recorded in Banner.
• GGC recognizes the right of the student to refuse to permit the release of information, including directory information as defined by FERPA.

Procedures Related to Electronic Records Storage and Recovery

• The Student Information System is managed via a memorandum of agreement with the University System of Georgia Information Technology Systems, which has a contract with Ellucian. A structured recovery plan is well documented and ready for execution in the event of system component failures is part of that arrangement.
• See APM 11.50.3 Continuity of Operations Plan Policy for information addressing disaster plans for records. The College recognizes the need to provide reliable and efficient student services, therefore coordinates with the University System of Georgia to consolidate the technical environment for the Banner Student Information System for the purpose of providing secure, reliable, and cost effective database administration and system support functions.

Procedures Related to Training

Faculty and Staff who have been given restricted access to view records will attend regularly offered training to faculty and staff to ensure that up-to-date security standards are understood and being adhered to. This training will include an annual review of FERPA, HIPAA, and Gramm-Leach Bliley regulations.

Procedures Related to Review of Procedures

• A committee of members responsible for student data will complete an annual review of procedures for records security and privacy.
• In the event of a breach of procedures, the registrar will be notified of the violation. The appropriate dean, director and/or HR will address the situation and work with the Executive Director of Human Resources to address the issue with the person or the supervisor of the person who has committed the breach of procedures.

Procedures Related to Records Retention and Disposition

Retention of Student Records: Documentation of the records retention program will be maintained to show systematic development and implementation in the normal course of business. Georgia Gwinnett College follows the approved retention schedule for college records which can be found at the Georgia Board of Regents website (http://www.usg.edu/records_management/schedules).

When it is determined that records can be disposed, student records will be shredded locally for daily processing and via records management service for large-scale disposals.

Procedures Related to Release of Records

Georgia Gwinnett College follows all policies governing the security and confidentiality of records as dictated by the Board of Regents. Georgia Gwinnett College does not publish a student directory; however the student’s name, major field of study, dates of attendance, and degrees conferred may be disclosed without consent of the student. For Georgia Gwinnett College, this is the only information which could be considered “Directory Information” for FERPA or other purposes, including but not limited to external record requests.

Students have the right to refuse to permit the disclosure of any information. If students choose to exercise the right of refusal, they must do so in writing to the Registrar within 30 days of the beginning of each academic semester. It is understood that appropriate college officials will have access to such information and records as shall be necessary for them to perform their professional responsibilities. All official use of student files shall be in accordance with the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA) and shall be duly recorded and shall be documented as required by its regulations.

In accordance with FERPA, the college permits disclosure without consent if the disclosure of information is to school officials with a legitimate educational interest, such as a person employed by the college in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Regents; or a student serving on an official committee such as a disciplinary committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility

The following information and records shall not be covered by this policy and access shall not be provided to students: information related to pending admissions decisions, financial records or information relating to students or parents/guardians; confidential statements of recommendation placed in the record obtained if a receipt of a statement from students waiving the right to open accessibility placement records is present; all information relative to the application for and receipt of financial assistance; records created or maintained by a physician, psychiatrist, psychologist, or other professional or a professional acting or assisting in a similar capacity in treatment of a student; institutional employment or faculty files; alumni information; and sole-access educational records. Sole access records are those records of instructional, supervisory and administration and educational personnel that are in the sole possession of the makers and are not accessible or revealed to any other individual except a temporary substitute.

Procedures Related to Correction of Records

Pursuant to Family Educational Rights and Privacy Act of 1974, students have the right to inspect their educational records and correct such records if necessary. Students desiring to review their records should make this request to the appropriate official in writing. Such written request will be granted within a period of no more than 45 days from the date of request. In the event the record contains inaccurate, misleading or otherwise inappropriate information, every effort will be made to correct or delete such material, and the student will be so informed of such action in writing. Institutions may release information to governmental agencies for review for purposes of financial aid audits, National Student Loan Clearinghouse, etc. In the event of a subpoena, the institution may disclose information if the institution makes a reasonable effort to notify the eligible student of the order or subpoena in advance of compliance, so that the student may seek protective action, unless the disclosure is in compliance with a Federal grand jury subpoena. Complete information on FERPA policy may be found at http://www.ed.gov/policy.

Research

Policy

See Board of Regents Policy Manual Section 6.1.

Ethics in Research

If research is to continue to make a positive contribution to society, scholars must ensure they maintain the highest levels of integrity and ethical behavior. At Georgia Gwinnett College (GGC), research (i.e., scholarship and creative activities) not only complies with the highest legal and ethical standards, but strives to serve as a model in terms of how research should be conducted. The research activities performed by GGC faculty, students, and staff follow universal best practices. Each member of the GGC community has a personal responsibility and is held accountable for ensuring that the activities engaged in embody the intent of this policy. The institution is responsible for creating a culture and structure where ethical behavior in research is established, enforced, and rewarded.

Scholars engaged in research involving humans comply with the guidelines and procedures outlined by the Institutional Research Board (IRB). Further, those engaged in research that involves animals follow the practices specified by the Institutional Animal Care and Use Committee (IACUC). These guidelines provide the norms by which scholars are to operate when conducting scholarship and creative activities, in an effort to achieve the objectives of the research (e.g., knowledge, truth), while maintaining the trust and support of the public.

In sum, GGC adheres to strict principles of ethics in research and does not do anything that goes against the law. If questionable activities should occur, GGC will fully investigate such claims and/or fully cooperate with the appropriate authorities to ensure the issues are resolved and the necessary parties are informed.

Intellectual Properties

See Board of Regents Policy Manual Section 6.3.

Preamble

Georgia Gwinnett College (GGC) is dedicated to teaching, scholarship, and the extension of knowledge to the public. The personnel at the College recognize as two (2) of their major objectives, the production of new knowledge and the dissemination of both old and new knowledge. Inherent in these objectives is the need to encourage the development of new and useful devices and processes, the publication and presentation of scholarly works, and the development of computer software. Such activities (1) contribute to the professional development of the faculty, staff or students involved; (2) enhance the reputation of the institution; (3) provide additional educational opportunities for participating students; and (4) promote the general welfare of the public at large.

Patentable inventions and materials often come about because of activities of GGC faculty, staff, or students who have been aided wholly or in part through the use of resources of GGC. It becomes significant, therefore, to ensure the utilization of such inventions for the public good and to expedite their development and marketing. The rights and privileges, as well as the incentive, of the inventor or creator must be preserved so that his/her abilities may be further encouraged and stimulated.

Georgia Gwinnett College recognizes and encourages the publication of scholarly works as an integral part of the processes of teaching, research, and service. GGC acknowledges that faculty, staff, or students regularly prepare for publication, usually through individual effort and initiative, articles, pamphlets, books, presentations, and other scholarly works which may be subject to copyright and which may generate royalty income for the author. Publication may also result from work supported either partially or completely by the institution. With the advent of innovative techniques and procedures, the variety and number of materials which might be created in a university community have increased significantly, causing the ownership of such copyrightable materials to become increasingly complex.

GGC recognizes the need for enhanced development and dissemination of software technology as a means of expressing both old and new knowledge. Inasmuch as the College is aware of the dynamic nature of software and that the value of intellectual property comes from the ability of its owner to control its use and that such value is directly related to the degree of protection it enjoys under the law, GGC will protect such expressions of knowledge by the utilization of appropriate intellectual property laws and the creation of comprehensive software technology transfer policies and procedures.

The foregoing considered, Georgia Gwinnett College, does hereby establish the following policy with respect to the development, protection, and transfer of rights to Intellectual Property resulting from the work of its faculty, staff, or students.

See Board of Regents Policy Manual Section 6.3.1.

Policy Applicability to Faculty, Staff, and Students

This policy shall be applicable to all full or part-time faculty, staff and students of Georgia Gwinnett College.

Definitions

See Board of Regents Policy Manual Section 6.3.2.

Intellectual Properties

Intellectual Property shall be deemed to refer to patentable materials, copyrighted materials, trademarks, software, and trade secrets, whether or not formal protection is sought.

Patentable Materials

Patentable Materials shall be deemed to refer to items other than software that reasonably appear to qualify for protection under the patent laws of the United States or other protective statutes, including Novel Plant Varieties and Patentable Plants, whether or not patentable thereunder.

Copyrighted Materials

Copyrighted Materials shall include the following:

1. Books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, and proposals;
2. Lectures, musical or dramatic compositions, and unpublished scripts;
3. Films, filmstrips, charts, transparencies, and other visual aids;
4. Video and audio tapes or cassettes;
5. Live video and audio broadcasts;
6. Instructional materials;
7. Mask works; and,
8. Other materials or works other than software that qualify for protection under the copyright laws of the United States (See 17 U.S.C. § 102 et seq.) or other protective statutes whether or not registered thereunder.

Software

Software shall include one or more computer programs existing in any form, or any associated operational procedures, manuals or other documentation, whether or not protectable or protected by patent or copyright. The term “computer program” shall mean a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or computer systems or parts therein to perform specified functions.

Trademarks

Trademarks shall include all trademarks, service marks, trade names, seals, symbols, designs, slogans, or logotypes developed by or associated with the USG or any of its institutions. (See 15 U.S.C. § 1127.)

Trade Secrets

Trade Secrets means information including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers that:

1. Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
2. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (See O.C.G.A. § 10- 1-761).

Patentable Plant

Patentable Plant means an asexually reproduced distinct and new variety of plant (See 35 U.S.C. § 161).

Mask Work

Mask Work means a series of related images, however fixed or encoded:

1. Having or representing the predetermined, three dimensional pattern of metallic, insulating, or semi- conductor material present or removed from the layers of a semiconductor chip product; and,
2. In which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product (See 17 U.S.C. § 901).

Novel Plant Variety

Novel Plant Variety means a novel variety of sexually reproduced plant (See 7 U.S.C. § 2321 et seq).

Creator and Originator

Creator and Originator, which are used interchangeably in this Intellectual Property Policy, shall mean the creator, author, inventor, or similar person and that person’s executor, heirs, successors, and assigns.

Faculty Members, Staff Member and Student

Faculty Member, Staff Member, and Student are individuals who have signed an appropriate agreement (such as an application for admission or a contract of employment) with the College that obligates them to abide by the policies of the College and the Board of Regents. A staff member is any person other than a faculty member who is employed on a full-time or part-time basis by the College.

Determination of Rights and Equities in Intellectual Properties

See Board of Regents Policy Manual Section 6.3.3.

Sponsor-Supported Efforts

Sponsored project agreements with the College or one of its foundations often contain specific provisions with respect to ownership of Intellectual Property developed during the course of such work, in which case the terms of the sponsored project agreement shall establish ownership. When the sponsored project agreement is silent on the matter, all rights in intellectual property shall vest in the College. Income, if any, from such Intellectual Property shall be shared with the Originator, subject to the sponsor’s requirements, in accordance with Section 6.3.4.10.

College-Assigned Efforts

Ownership of Intellectual Property developed as a result of College-assigned efforts shall reside with the College. Copyrightable works created by an employee in the course of his/her employment are considered to be works made for hire under copyright law, with ownership vested in the employer. However, any income from such Intellectual Property shall be shared with the Originator, in accordance with Section 6.3.4.10. The above notwithstanding, a faculty member’s or student’s general obligation to produce scholarly and creative works does not constitute a work for hire or a specific College assignment.

College-Assisted Individual Effort

Ownership of Intellectual Property developed by faculty, staff, and students who make more than purely incidental use of College resources shall be shared by the Originator and the College. For purposes of this Intellectual Property Policy, the use of the following College resources generally shall not result in shared ownership: all resources available to the public without charge; College -owned/leased office, lab, or studio space or general use equipment; general use computer equipment; library resources, including electronic resources; and Internet access.

Use of the following College resources in the production of Intellectual Property generally shall constitute more than purely incidental use, shall be defined as College-Assisted Individual Effort, and shall result in shared ownership of the Intellectual Property under this Section: resources provided by College-funded and/or College Foundation-funded grants, and stipends; College employees (other than faculty) within the employment period; long distance telecommunication services and other cost-added supplies and services; and College facilities other than offices, labs, studios, or library. Income, if any, from such Intellectual Property shall be shared as described in Section 6.3.4.10.

Individual Effort

Ownership of Intellectual Property developed by faculty, staff, and students of the College shall reside with the Originator of such Intellectual Property provided that: the Intellectual Property was not developed in accordance with the terms of a sponsored project agreement (see Section 6.3.3.1); the Intellectual Property was not developed by faculty, staff, or students as a specific College assignment (see Section 6.3.3.2); and there was no significant use of College resources in the creation of such Intellectual Property (see Section 6.3.3.3). The Originator of the Intellectual Property shall have the opportunity to demonstrate that this classification applies. 230

Other Efforts

Ownership of Intellectual Property developed by faculty, staff, and students of the College under other efforts is determined according to the criteria specified in Sections 6.3.3.1 through 6.3.3.4. above. Such efforts include, but are not limited to, consulting for outside organizations, collaborating with non-College personnel, or serving on non-College boards, committees, task forces, etc. Any agreement should include a statement that the faculty member has intellectual property obligations to the College and this Intellectual Property Policy should be attached to the agreement. In the event that there is any conflict between the College personnel’s obligations to this Intellectual Property Policy and their obligations to the entity or collaborative arrangement for which they provide these efforts, the obligations to this Intellectual Property Policy shall control.

Institutional Procedures

See Board of Regents Policy Manual Section 6.3.4.

Intellectual Property Committee

The President shall appoint an institutional Intellectual Property committee, consisting of no fewer than four (4) or more than nine (9) members, one (1) of whom shall be designated by the President to serve as chair. The committee shall include a representative of the Office of Resources, the faculty, the staff, and the student body. The committee shall meet as necessary, and shall act in an advisory capacity to the President or his/her designee. Faculty, staff, and students shall promptly report to the committee in writing, through the appropriate channels, all Intellectual Property invented or created by them, which is reasonably likely to have commercial value.

The duties of the IP Committee include:

• Review Disclosure of Intellectual Property forms submitted by faculty, staff, and students.
• Act in an advisory capacity regarding Intellectual Property to the President, Vice President or his/her designee.
• Evaluate Intellectual Property developed through Sponsor-Supported Efforts and College-Assigned Efforts, and to determine whether to administer such Intellectual Property by undertaking those efforts it determines to be appropriate to protect and license or otherwise commercialize such Intellectual Property.
• In all cases in which questions arise as to equities, rights, division of royalties, or any other Intellectual Property-related matter the Intellectual Property Committee will perform any necessary consideration of circumstances, interpretation of policy, and initial decision making.
• For Sponsor-Supported Efforts, College-Assigned Efforts, and College-Assisted Efforts, the College Intellectual Property Committee is the body to recommend a lower percentage of the net revenue than specified in Section 6.3.4.10 if warranted where availability and use of College resources warrants smaller payment provisions. Any revenue sharing recommendations from the Intellectual Property Committee require written review and approval by the appropriate Vice President.

Disclosure of Intellectual Property

For circumstances meeting the criteria for Section 6.3.3.1through 6.3.3.3, College personnel and students shall promptly provide the Intellectual Property Committee with a disclosure describing their creative and scholarly works and new material, devices, processes, or other inventions which may have commercial potential by using forms provided by the Intellectual Property Committee. College personnel and students shall also cooperate with the College and sign all papers deemed necessary to protect and commercialize Intellectual Property covered by this Intellectual Property Policy.

Disclosures are not required for circumstances meeting the criteria delineated in Section 6.3.3.4 or for works of authorship where there is no intent to commercially exploit the intellectual property (examples include, but are not limited to, articles for publication in scholarly or professional journals and instructional or research material for internal use), even though the ownership of the copyright may reside in the College as determined by Sections 6.3.3.1 and 231

6.3.3.2, or Georgia Gwinnett College Intellectual Property Policy. In cases where disclosure is not required, the College shall assign the copyright to the author for publication purposes.

Obligations of Principal Investigator/Project Directors

Principal Investigators/Project Directors shall be responsible for informing coworkers, co-investigators, and direct reports of their rights and obligations under contracts, grants, and the like before the initiation of research or other sponsored projects.

Confidentiality

Certain contractual obligations and governmental regulations require that information be maintained in confidence. Some works, such as certain computer software, may best be protected and licensed as trade secrets. Additionally, inventions must be maintained in confidence for limited periods to avoid the loss of patent rights. Accordingly, the timing of publications is important, and College personnel and students shall use their best efforts to keep the following items confidential (to the extent allowed by law): all information or material designated confidential in a contract, grant, or the like; all information or material designated or required to be maintained as confidential under any applicable governmental statutes or regulations; and all information relating to Intellectual Property developed by College personnel and students which may be protected under this Policy until application has been made for protection.

Collaboration

Collaboration between College personnel and persons not employed or associated with the College, including researchers at other universities or companies can result in the development of Intellectual Property jointly owned by the College and other persons or their employers. Protection and commercialization of such joint Intellectual Property can be difficult without extensive cooperation and agreement among the owners. Accordingly, it is important for College personnel involved in collaborative activities that may result in, the development of Intellectual Property to advise their immediate supervisors and the Office of Research and Grants of such activities.

Administration of “Sponsor-Supported Efforts” and “College-Assigned Efforts”

The Intellectual Property Committee has the responsibility to evaluate Intellectual Property developed through Sponsor-Supported Efforts and College-Assigned Efforts, and to determine whether to administer such Intellectual Property by undertaking those efforts it determines to be appropriate to protect and license or otherwise commercialize such Intellectual Property.

Administration of “College-Assisted Individual Effort”

Any Intellectual Property which is the result of College-Assisted Individual Effort under the Georgia Gwinnett College Intellectual Property Policy shall be administered by the Originator, unless the Originator and the Committee agree to have it administered by the College. Such Intellectual Property which is administered by the College shall be treated as “College-Assigned Effort.” In this situation, the Originator shall assign to the College his/her share of the ownership rights in such Intellectual Property, and the determination of revenue sharing as described in Section 6.3.4.10 of this Policy will be in accordance with the “College-Assigned Effort” classification.

Administration of “Individual Effort”

Intellectual Property designated as “Individual Effort” shall be assigned to the Originator under a simple agreement which provides for periodic reports describing the Originator’s administrative activities, generation of payments or royalties, and if appropriate payment to the College of a portion of net revenue from the exploitation of the Intellectual Property. The Originator shall have responsibility for administration of the Intellectual Property. “Individual Effort” Intellectual Property may be assigned to the College to be treated and administered as College-Assigned Effort Section 6.3.3.2 Intellectual Property if both the Committee and the Originator agree to do so (see the discussion in Section 6.3.4.7).

Declined Intellectual Property

Whenever the College chooses not to administer Intellectual Property or chooses to cease administering Intellectual Property, such Intellectual Property, subject to any obligations to a sponsor, may be released to the Originator to dispose of as the Originator sees fit.

Revenue Sharing

All Recommended Revenue Sharing Distribution Agreements must be approved by the appropriate Vice President. Recommendations shall be made in writing by the Intellectual Property Committee.

A. Net Revenue from License Activity

The proposed division of net revenue is presented below. Net revenue is defined as gross receipts received by the College from license activity minus contract amounts due sponsors, if any, and the out-of-pocket costs incurred by the College in protecting and licensing the Intellectual Property. Where the College owns some portion of the Intellectual Property in question, revenue generated from use of the Intellectual property by the College is not receipts by the College from license activity.

Recommended Revenue Distribution

* A different entity who administers the Intellectual Property on behalf of the College may replace the stated foundation.

** Funds designated for the Originator’s Discipline will be provided to the Originator’s school with instruction that this portion of the funds be devoted to fostering further scholarship and research in the Originator’s Discipline.

Notes on Originator Portion:

1. The Originator’s share of net revenue shall be divided (equally) among joint Originators of jointly developed Intellectual Property, unless a written statement signed by all joint Originators which provides for a different distribution is filed with the College prior to the first distribution of shared net revenue.
2. In the event the Intellectual Property is licensed to the Originator, or an external entity in which the Originator has a significant financial interest, the Originator shall waive the right under the College Intellectual Property Policy to receive the Originator’s share of royalties identified above (except when the development of the Intellectual Property meets the criteria established for the Individual-Effort category, in which case this clause does not apply). In the event the Originator does not receive the Originator’s share, that share shall be distributed to the other parties in the proportions detailed above.
3. In the event the terms of the license of the Intellectual Property provide the College with equity, or an option to acquire equity, in the entity which licenses the Intellectual Property, the share of such equity due to Originators as identified above will be distributed to the originators when such equity is transferable or convertible to cash.

For Sponsor-Supported Efforts, College-Assigned Efforts, and College-Assisted Efforts, the College Intellectual Property Committee may recommend that a lower percentage of the net revenue be distributed to the Georgia Gwinnett College Foundation and the Faculty Research Committee if it seems evident that use of College resources warrants smaller payment provisions.

B. Net Revenue from College Use of College-Owned Intellectual Property

Where the College owns some portion of the Intellectual Property in question, net revenue generated from use of the Intellectual property by the College shall be divided in accordance with the following table. Net revenue is defined as gross receipts received by the College from its usage of the Intellectual Property activity minus contract amounts due sponsors, if any, and the out-of-pocket costs incurred by the College in protecting the Intellectual Property.

Recommended Revenue Distribution

* B different entity who administers the Intellectual Property on behalf of the College may replace the stated foundation.

Interpretation, Decision, and Appeal

Cases where the Originator and the College agree to the classification and proposed mechanism of commercialization, the intellectual property will be processed by the College in accordance with this policy. All cases in which questions arise as to equities, rights, division of royalties, or any other Intellectual Property-related matter shall be referred to the Intellectual Property Committee for consideration, interpretation of policy, and decision. Appeal of an Intellectual Property Committee decision shall be to the appropriate Vice President. Appeals within the College must be made, in writing, within twenty (20) days of written notice of a decision. A final institutional decision may be issued by the President or his designee. If further appeal is necessary after issuance of a final institutional decision, the party may appeal to the Board of Regents. Appeals to the Board of Regents shall be made in accordance with Article IX of the Bylaws of the Board, which currently requires that appeals be filed within twenty (20) days of the final institutional decision. Twenty days refers to calendar days.

Heirs and Assigns

The provisions of this Policy shall fix the interests of and be binding upon the heirs and assigns of (1) all University personnel; and (2) all others who agree to be bound by it.

Trademarks

All trademarks arising out of research by institutions of the University System of Georgia constitute property of the Board of Regents of the University System of Georgia, and applications for registration, use of and licensing of such trademarks shall be governed by the policies of the Board. Trademarks arising out of research done by an institution of the University System of Georgia pursuant to an agreement with a cooperative organization shall be the property of such cooperative organization and such organization may file all appropriate applications and other documents necessary to protect such trademarks and may exercise all other rights consistent with ownership of the trademarks.

Filling of Institutional Policies

A true copy of the Georgia Gwinnett College Intellectual Property Policy shall be filed with the Office of Legal Affairs in the University System Office, as required by the Board of Regents Policy Manual Section 6.3.6

See Board of Regents Policy Manual Section 6.3.6