Each faculty member is provided with office space for conduct of University business and is expected to keep office hours (Section 9.1.4). Secretarial and other administrative support services are provided for regular duties through the school office, and additional support is available through administrative offices for faculty performing non-instructional duties.

For purposes of this policy, "Creative works" are
inventions, creations, manuscripts, products, or other works or
things of commercial value which are written, created, produced or
otherwise generated by faculty members.

"Copyrightable" materials include but are not limited to
books, pamphlets, brochures or other printed materials; films; video
or audio tapes; computer programs or computer-based instructional
materials; musical compositions; and any and all other
copyrightable materials covered by the copyright laws of the United
States or any foreign government.

"Patentable" works include but are not limited to inventions,
creations, designs, and any and all other things patentable under
the patent laws of the United States or any foreign government.

"Materials of commercial value" are any materials which the
University, in its sole discretion, determines to have commercial
value.

"Materials created for hire" are defined as creative works
which are created by persons who:

1. are engaged by the University specifically to write, create,
   produce or otherwise generate such materials or to conduct the
   research or other activity which produced anything included in the
   material(s),
2. are released from other University responsibilities in order to
   write, create, produce or otherwise generate the material(s), or
3. engage a substantial use of University resources in the writing,
   creation, production or generation of the material(s).

"Substantial use" of University resources is governed by the
following principles:

1. The following resources may be used by faculty members for
   their creative and/or intellectual pursuits at institutionally
   authorized levels without accounting for "substantial use" under
   this policy:
   1. personal office space,
   2. local telephone calls,
   3. typewriters (but not secretarial service for purposes directly related to the creation of the works),
   4. personal computers and/or word processors,
   5. library facilities,
   6. other faculty or staff members as consultants.
2. The following resources, when used in development of
   creative works as defined in this policy, are subject to
   accounting and may be defined as "substantial use" of
   University resources. The faculty member shall keep accurate
   and detailed records reflecting use of the resources, including
   actual hours or quantity of use and estimated or actual cost or
   value of each resource used:
   1. secretarial services, including student help, provided at University expense,
   2. plant and animal specimens and chemical supplies,
   3. University supplies, including, but not limited to, paper, copying costs, etc.,
   4. long distance telephone calls, FAX transmission and receipt, etc.,
   5. video and movie cameras and/or editing equipment;
   6. TV or other recording studio, personnel and supplies,
   7. computer software, films, video or audio tapes,
   8. blank diskettes, blank film, blank tapes,
   9. other university resources not included in paragraph 1 above, or any resource used at greater than institutionally authorized levels.

Seattle Pacific University encourages faculty and staff to create, on their own initiative, works or products which are copyrightable or patentable. Materials so created shall remain the property of the faculty member, with sole right of ownership and disposition, unless the materials were created for hire. The work will be presumed to have been done on personal initiative unless a written agreement in advance, or subsequent report of substantial use of university resources, dictates otherwise. The determination of substantial use is made by the Faculty Affairs Committee.

Any copyrightable, patentable or otherwise commercially valuable materials created for hire shall belong to the University to the extent that the Faculty Affairs Committee determines that the materials were created for hire.

Works created pursuant to or under the sponsorship of an outside agency or governmental grant shall be subject to the copyright, patent and exploitation terms and conditions of said grant, contract or agreement. If no such terms and conditions are stated, works produced by the faculty member shall be subject to the terms of this policy.

Most creative works are developed unambiguously on personal initiative or for hire. Occasionally questions arise concerning what constitutes substantial use of University facilities. When such questions arise, the faculty member who created or intends to create the work shall submit a written statement to the Faculty Affairs Committee describing the circumstances under which University resources have been or will be used and the extent and necessity of the use.

The Faculty Affairs Committee shall, within 30 calendar days following submission of the written description, notify the faculty member in writing whether it deems that the material(s) were or will be created for hire or under the definition of substantial use, and shall recommend a percentage of commercial rights to the University and to the faculty member. The faculty member and the Vice President for Academic Affairs shall receive the committee recommendation and negotiate the division of net profits, if any, derived from the commercial exploitation or dissemination of the materials.

When the University has obtained rights in copyrightable, patentable, or commercially valuable materials which have been created by faculty members, the terms of this policy shall be binding upon all parties in regard to the materials until all of the following conditions have been met:

1. for a minimum of 10 calendar years from the date of agreement,
2. until such time as the University has recovered all the expenses and costs attributable to the creation, production and/or exploitation of the materials,
3. for so long as the faculty member is employed by the University plus an additional five calendar years from the calendar date of cessation of employment, for whatever reason, and
4. until the University's copyright, patent, or contract rights expire.

Seattle Pacific University adheres to federal copyright law and the interpretations of the Association of American Publishers, the Authors League of America, and the Committee on Copyright Law of the National Association of College and University Attorneys. The guidelines summarized here, approved by these groups, are supplemented by the 1989 publication, Questions and Answers on Copyright for the Campus Community, which has been distributed to the SPU faculty and copies of which are available through the University Bookstore.

1. Single copying for instructor's use. A single copy may be made of any of the following by or for an instructor at individual request for the instructor's personal scholarly research or use in teaching or preparation to teach a class:
   1. a chapter from a book,
   2. an article from a periodical or newspaper,
   3. a short story, short essay or short poem, whether or not from a collective work, or
   4. a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical or newspaper.
2. Multiple copies for classroom use. Multiple copies (not to exceed in any event one copy per student in a course) may be made by or for the instructor giving the course for classroom use or discussion; provided that all three of the following conditions are met:
   1. the copying meets the tests of brevity and spontaneity as defined below, and
   2. the use meets the cumulative effect test as defined below; and
   3. each copy includes a notice of copyright.

The test of brevity.

1. Poetry: one complete poem if less than 250 words and if printed on not more than two pages, or an excerpt of not more than 250 words from a longer poem.
2. Prose: one complete article, story or essay of less than 2,500 words, or an excerpt of not more than 1,000 words from any prose work or 10% of the work, whichever is less (in the event that a prose work is less than 5,000 words, the maximum shall be 500 words, except as noted in paragraph 4 below).
3. Illustration: one chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
4. "Special" works: Certain works which combine language with illustrations fall short of 2,500 words in their entirety. Paragraph 2 above notwithstanding, such "special works" may not be reproduced in their entirety; however, an excerpt comprising not more than two of the published pages of such special work and containing no more than 10% of the words found in the text of the work, meets the test of brevity.

The test of spontaneity.

1. The copying is at the instance and inspiration of the individual instructor, and
2. 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.

The test of cumulative effect.

1. The copying is for only one course in the University.
2. 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.
3. There shall not be more than nine instances of such multiple copying for one course during one class term.

[The limitations stated in paragraphs 2 and 3 above do not apply to current news sections of multiple periodicals.]

Even copying which meets all the above tests for single or multiple copies shall be prohibited under the following circumstances:

1. Copying shall not be used to create, replace or substitute for anthologies, compilations or collective works. This prohibition applies whether copies of various works or excerpts are accumulated or reproduced and used separately.
2. There shall be no copying of or from works intended to be consumed in the course of study or of teaching. These include workbooks, exercises, standardized tests, test booklets and answer sheets, and other consumable material.
3. Copying shall not substitute for the purchase of books, publisher's reprints or periodicals; shall not be directed by higher authority; and shall not be repeated with respect to the same item by the same instructor from term to term.
4. No charge shall be made to the student beyond the actual cost of photocopying.

The individual faculty member is responsible to obtain permission for reproduction of materials which do not meet these tests of fair use; however, the University Copy Center provides assistance in obtaining permissions. Interested faculty are invited to ask for help from the Copy Center .

Patent and copyright law change frequently and may affect these policies. The University Copy Center attempts to keep a current understanding of legislative changes and legal interpretations as they occur; anyone with questions is urged to contact the copy center for current advice, which does not substitute for legal counsel. These copyright and patent policies are reviewed periodically by University counsel which is responsible to recommend necessary amendments to this portion of the Handbook. Information is distributed to all faculty as changes occur.

Faculty members are responsible to prepare and distribute syllabi or course outlines for all on-campus courses. Additional secondary teaching aids printed by the University, such as study guides, handbooks, workbooks, manuals, lecture notes, extended bibliographies, and similar materials must be sold to students through the bookstore for all courses with expected enrollment of fifteen or more. Materials for courses with expected enrollment of less than 15 may be sold through the school or department office.

Employees who handle toxic or hazardous substances on behalf of the University are required as a condition of their employment to maintain, use, and dispose of such substances in accordance with applicable federal, state and local laws and regulations. Anyone who is unsure of obligations under this policy should contact the office of Plant Services for advice. Any employee who violates such laws, unless the violation occurs despite reasonable reliance upon advice given by the University, shall be deemed to have acted outside the scope of personal authority.

1. The University does not permit the unlawful possession, use, or distribution of illicit drugs or alcohol by employees under any circumstances.
2. The University does not permit employees to use alcohol or tobacco on University property or as part of any of its activities.
3. The University strongly encourages faculty and staff to use discretion and sound judgment in the use of alcohol or tobacco off campus and prohibits off-campus use of alcohol or tobacco:
   1. in any situation where SPU students are present or are expected to be present;
   2. in situations where faculty are conducting University business;
   3. at University-sponsored events.

Unlawful possession, use, or distribution of illicit drugs or alcohol by employees will be grounds for disciplinary action, up to and including dismissal (Section 8.6) and referral for prosecution.

Use of alcohol or tobacco on University property or at any of its activities will be grounds for disciplinary action, up to and including dismissal.

Use of alcohol or tobacco off-campus not consistent with the guidelines outlined in Section 12.8.2, may result in disciplinary action including, but not limited to, advisement and counsel. Supervisors will not diagnose alcoholism, drug dependency, or any other complex physical, mental, or behavioral problem, but they are responsible to identify, document, and attempt to correct all employee job performance and/or work behavior problems, using Universityapproved corrective action procedures.

An employee who reports to work exhibiting specific, objective signs of having consumed intoxicating beverages or illicit drugs, or of abusing prescription medications, will be placed on suspension for the remainder of the workday. If the abnormal behavior resulted from prescription drug use in compliance with a physician's instructions, the University's sick pay policy (Section 14.2.3) applies. If the behavior is a result of drug abuse or alcohol use, the employee will be subject to further disciplinary action, up to and including dismissal and referral for prosecution. If the behavior results in conviction of a violation of criminal drug laws involving the workplace, the disciplinary actions will be dictated by the Drug-Free Workplace regulations.

The supervisor will immediately document any incident of illicit drug use or any incident of alcohol or tobacco use in violation of the restrictions described in Section 12.8.2. The documentation will be forwarded the same day to the area vice president, with copies to the President's office and the Office of Human Resources.

If an employee is required to complete a drug treatment and rehabilitation program as part of the disciplinary action resulting from a violation of this policy, official records of the diagnosis and/or treatment will be kept for three years, separately from the standard personnel file, by the Director of Human Resources. The file will be held in strictest confidence and will be used only as evidence to governmental and granting agencies that the University did in fact take steps toward correcting the problem.

Seattle Pacific University is subject to the requirements of the federal Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989. The University annually distributes information regarding the restrictions and consequences of violations of each Act. The University strongly supports these Acts and consistently attempts to ensure compliance with them. Any employee who has not received copies of the statements should contact the Office of Human Resources.

All employees are required to participate in assuring legal and ethical use of University computers and user accounts. Specific responsibilities include the following:

1. Limit employee access to computers, data and programs for which the individual employee is authorized. Abide by existing channels and security provisions.
2. Prohibit unauthorized access to others' data with the intent to read, browse, modify or delete files or directories.
3. Prohibit illegal copying of commercial software on or off campus.
4. Prohibit use of University computers or networks to compromise other computers or networks, or to commit crimes or other unethical acts.
5. Keep passwords and accounts confidential. This includes the following as appropriate safety measures with regard to account access:
   1. choosing difficult-to-guess passwords,
   2. changing passwords often, and
   3. not leaving terminals unattended without logging out.
6. Handle confidential data responsibly in an effort to protect the privacy of individuals.
7. Prohibit introduction of public domain or bulletin board software on any University computer without prior approval from Computer and Information Systems.

Any violation of the responsibilities stated in this policy will be reported to Computer and Information Services. All employees are to participate in assuring legal and ethical use of University computers and user accounts. Violations of this policy may result in disciplinary action, up to and including termination of employment.

Faculty are encouraged to use the broader community as a learning resource, developing away-from-campus components of their learning activities as field experiences, internships and laboratories. Academic courses usually do not require the transportation of SPU students from campus to another location unless so stated in the course syllabi. If the course or event is to be convened at the remote location, students will be required to provide their own transportation to the site. Unless specifically stated, the University normally assumes no responsibility for determining transportation of students to the site of a course. If transportation of SPU students is in University-owned or sponsored vehicles, drivers must have passed a defensive driving course, possess a current driver’s license, and have authorized a check of their driving records. The Office of Safety and Security need not be notified of all officially sponsored travel. Any exception to this policy must be approved in advance and in writing by the Vice President for Business and Planning.

If weather or other emergency conditions provide sufficient reasons for closing the University, the Vice President for Academic Affairs and Vice President for Campus Life will have announcement made over Seattle radio stations, as early as possible on the day(s) of such emergency. A snow closure hotline (281-2800) is available to provide up-to-the-minute information regarding closure.