The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, is a federal law that sets forth requirements regarding the privacy of student records. FERPA governs the access and disclosure of student education records maintained by an educational institution.
Trevecca Nazarene University ("Trevecca") will notify students annually of their rights under FERPA by publishing such information in the university catalog and student handbook.
FERPA rights belong to the student at a postsecondary institution regardless of age. At Trevecca, FERPA rights start for the student on the first day of class that a student is registered with Trevecca and cease at death. Trevecca will decide on an individual basis what records of deceased students can be released and to whom they will be released.
FERPA gives four specific rights to students: right to inspect and review their education records, right to request to amend their education records, right to limit disclosure of personally identifiable information from education records, including directory information, and right to file a complaint with the Department of Education concerning an alleged failure by the institution to comply with FERPA. Education records are defined as records that are directly related to a student and are maintained by the university. Education records are not: records about students made by instructors, professors, and administrators for their own use and not shown to others (sole possession records), law enforcement unit records, employment records, medical records, or post-attendance records.
Students must request permission in writing to inspect their education records. The records will be made available to the student for inspection within 45 days of the day the university receives the written request. A university employee will be present while the student inspects the records.
Students may request copies of available records when failure to provide a copy of the record would effectively prevent the student from inspecting and reviewing the record. A copy may be refused, but only if, in doing so, the institution does not limit the student’s right to inspect and review that record.
Unless otherwise required by law, Trevecca will not issue transcripts of students who have an outstanding financial obligation to the university. Copies will not be provided of education records (e.g., transcripts) that were issued by other educational institutions unless authorized by Trevecca's registrar.
Directory information may be released without the student’s written permission, and does not violate student privacy rights if disclosed. However, the student may opt to keep this information confidential. Educational institutions may designate certain information as directory information. Directory information at Trevecca includes: student’s name, address, telephone number, electronic mail address, photograph, date and place of birth, major field of study, classification, enrollment status (e.g., undergraduate or graduate; full-time or part-time), dates of attendance, degrees, honors and awards received, previous institution attended, participation in officially recognized sports and activities, weight and height of athletes. Directory information does not include a student's social security number or student ID number.
Student education records must be released without the written consent of the student to authorized representatives of the following government entities, if the disclosure is in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of the institution's compliance with federal legal requirements that relate to those programs: Comptroller General of the U.S., Secretary of Education, U.S. Attorney General (for law enforcement purposes only), and state and local authorities.
Student education records may be released without the consent of the student to:
- A Trevecca school official who has a legitimate educational interest. (A school official is any person employed by or otherwise affiliated with Trevecca who is performing institutional services. A Trevecca school official includes, but is not limited to, faculty, staff, administration, clerical staff, consultants, contractors, any person serving on an official committee, including volunteers, or student workers, or any other person to whom Trevecca has outsourced institutional services or functions. A school official has a legitimate educational interest when the official needs to review an education record in order to fulfill his or her responsibility on behalf of the university.)
- Agents acting on behalf of Trevecca (e.g., contractors, consultants)
- Officials of another school in which the student seeks to enroll
- A party, such as the Department of Veteran’s Affairs or an employer, providing financial aid to the student (“financial aid” does not include any payments made by parents)
- Organizations conducting studies for or on behalf of Trevecca
- Accrediting organizations for accreditation purposes
- Parents of dependent students; students who are claimed as dependents on their parents’/guardians’ most recent federal tax return
- To comply with a judicial order or subpoena. Trevecca will notify the student when such a request occurs without the student’s knowledge unless prohibited by law.
- Appropriate persons in a health or safety emergency
Students may contact the Office of Academic Records if they wish to complete the Request to Prevent Disclosure of Student Directory Information form, or if they would like to complete the Release of Information form. The Release of Information form allows the university to discuss the student’s education record with whom they specify on the form; it does not allow the person(s) specified on the form to act on the student’s behalf.
FERPA permits Trevecca to destroy student records consistent with its records management policy without notice to the student unless there is an outstanding request by an eligible student to inspect and review the records.
Further information concerning FERPA is available at www.ed.gov.
Academic honesty is expected of all students at Trevecca Nazarene University.
It is an integral part of the educational process where learning takes place in an atmosphere of mutual trust and respect. Each student is responsible to maintain high standards of academic ethics, personal honesty, and moral integrity. Dishonest academic behavior as described in the following list will be dealt with fairly and firmly.
- Plagiarism, using another's statements or thoughts without giving the source appropriate credit; this includes patchwork plagiarism; no more than 20% of any paper should be direct quotes (unless otherwise specified by instructor);
- Cheating on an exam; this not only encompasses copying from another student but includes receiving help in completing an exam from any unauthorized source or in any unauthorized manner;
- Resubmitting graded assignments; self-plagiarism;
- Submitting for credit a borrowed or purchased paper (e.g. life learning paper, prior-learning documentation worksheet, summary paper, etc.);
- Defacing or unauthorized removal of course materials either from the classroom or library;
- Falsifying documentation in regard to the reporting of course reading;
- Falsifying attendance for class or other academic event;
- Falsifying other documentation;
- Submitting and using instructional materials, instructor resources, and faculty guides as your own work;
- Identity Fraud
Specific guidelines for dealing with dishonesty are outlined in the Student Handbook. To appeal a decision regarding academic honesty, students should follow the grade appeal process.
Committing identity fraud is considered particularly serious and could have legal as well as institutional implications. Any student who has another individual impersonate or in any other way commit identity fraud in any course, assignment, exam, or any type of academic exercise will be permanently suspended from Trevecca Nazarene University.
Intellectual Property Rights Policy
This policy is meant to encourage and support faculty, staff, and student research; to protect the rights and interests of university constituents as well as the university itself; and to provide university constituents with information that will guide understanding of intellectual property and its application at Trevecca Nazarene University. All full-time or part-time faculty, administrators, and staff, student employees, and students, as well as non-employees who participate or intend to participate in teaching and/or research or scholarship projects at Trevecca Nazarene University are bound by this policy.
Trevecca Nazarene University is committed to complying with all applicable laws regarding copyright and other forms of intellectual property. Furthermore, this policy shall not be interpreted to limit the university's ability to meet its obligations for deliverables under any contract, grant, or other arrangement with third parties, including sponsored research agreements, license agreements, and the like.
Questions of ownership, compensation, or other materials covered by this policy shall be resolved by the Executive Vice President (or his/her designee) in consultation with the University Provost and others, as appropriate.
COPYRIGHT, PATENTS, AND TRADEMARKS
General Copyright Policy
Trevecca Nazarene University's policy is that all rights in copyright remain with the creator unless the work is a "work for hire," is commissioned by the university, or is otherwise subject to contractual obligations.
Definition and Scope of Copyright Protection
Under the federal copyright law, copyright subsists in "original works of authorship" that have been fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. These works include:
- literary works such as books, journal articles, poems, manuals, memoranda, tests, computer programs, instructional material, databases, and bibliographies;
- musical works, including any accompanying words;
- dramatic works, including any accompanying music;
- pantomimes and choreographic works (if fixed, as in notation or videotape);
- pictorial, graphic and sculptural works, including photographs, diagrams, and sketches;
- motion pictures and other audiovisual works, such as videotapes;
- sound recordings; and
- architectural works.
Scope of Copyright Protection
Subject to various exceptions and limitations provided for in the copyright law, the copyright owner has the exclusive right to reproduce the work, prepare derivative works, distribute copies by sale or otherwise, and display or perform the work publicly. Ownership of copyright is distinct from the ownership of any material object in which the work may be embodied.
Books, Articles, and Similar Works, Including Unpatentable Software
In accord with academic tradition, except to the extent required by the terms of funding agreements, Trevecca Nazarene University does not claim ownership to pedagogical, scholarly, or artistic works, regardless of their form of expression. Such works include those of students created in the course of their education, such as papers, theses, and articles. The university claims no ownership of popular nonfiction, novels, poems, musical compositions, unpatentable software, or other works of artistic imagination that are not institutional works (see below under “Work for Hire"). Copyright in pedagogical, scholarly, or artistic works to which the university disclaims ownership under this policy shall be held by the creators regardless of whether the work constitutes a "work for hire" under copyright law.
Ownership and Use of Course Materials (including class technology and videotapes of classroom activities)
All course materials, such as syllabi, videotapes of classroom activities, websites, and such, developed by a Trevecca Nazarene faculty member belong to the faculty member unless grant or other outside funding sources dictate otherwise. Faculty ownership of such course materials does not, however, entitle the faculty member to any additional compensation from the university as a result of appropriately enrolled students' use of such materials. Faculty ownership of such course materials also does not preclude the university from using such materials for internal instructional, educational, and administrative purposes, including satisfying requests of accreditation agencies for faculty-authored syllabi and course descriptions. Materials brought to Trevecca from other institutions are bound by any ownership constraints from the institution at which they were developed; barring none, they belong to the faculty member.
The use of images or materials of students for use outside of a currently enrolled class is not permitted without a signed release from students. This includes videotaping, website images, and class materials where the expectation of a student is that their purpose is for that particular course. If the purpose of the class is to create a website, video or other materials for future courses, this permission is not needed.
"Work for Hire"
"Work for hire" is a legal term defined in the Copyright Act as "a work prepared by an employee within the scope of his or her employment." For instance, work assigned to programmers is "work for hire" as defined by law, as is software developed for university purposes by students and staff working collaboratively. This definition includes works prepared by employees in satisfaction of sponsored agreements between the university and outside agencies. Certain commissioned works also are works for hire if the parties so agree in writing. The mere fact that multiple individuals have contributed to the creation of a work shall not cause the work to constitute an institutional work. Where a work is jointly developed by university faculty or staff or student employees and a non-university third-party, the copyright in the resulting work typically will be owned jointly by the university and the third party. In such instances, both the university and the other party would have nonexclusive rights to the work, subject to the duty to account to each other.
The university shall retain ownership of works created as institutional rather than personal efforts—that is, works created by administrators and staff for university purposes in the course of the creators' employment, university-commissioned faculty work, or works resulting from simultaneous or sequential contributions over time by numerous faculty, staff, and/or students. The employer (i.e., the university) by law is the "author," and hence the owner, of works for hire for copyright purposes; therefore, Trevecca Nazarene University owns all rights, intellectual and financial, in such works. Administrators, faculty, and staff who gain professional expertise through such work, however, may engage in professional activities (conferences, consulting, and such) that may result in compensation.
Works of Non-employees
Under the Copyright Act, works of non-employees such as consultants, independent contractors, and such generally are owned by the creator and not by the university, unless there is a written agreement to the contrary. As it is the university’s policy that the university shall retain ownership of such works (created as institutional rather than personal efforts, as described in "Work for Hire"), Trevecca will generally require a written agreement from non-employees that ownership of such works will be assigned to the university. Examples of works that the university may retain from non-employees are reports by consultants or subcontractors, computer software, architectural or engineering drawings, illustrations or designs, and artistic works.
Use of Copyrighted Material
Trevecca Nazarene University is committed to complying with all applicable copyright laws; consequently, students and employees are expected to comply with these laws. Distribution of materials protected by copyright without permission of the copyright owner may be a violation of federal or state law. It is the responsibility of those reproducing materials to make sure the reproduction is consistent with U.S. Copyright Law (http://www.copyright.gov/).
Trevecca Nazarene University does not permit the unlawful reproduction or distribution of commercially copyrighted music, movies, and software. The university is committed to taking reasonable steps to avoid misuse of its computer network. If violations are discovered or suspected, university personnel may report infringement to appropriate authorities or take other action, including, but not limited to warning the user, removing the material, or terminating access to the material.
Use of the University Name in Copyright Notices
The following notice should be placed on university-owned materials:
Copyright © [year] Trevecca Nazarene University. All Rights Reserved.
No other institutional or departmental name is to be used in the copyright notice, although the name and address of the department to which readers can direct inquiries may be listed. The date in the notice should be the year in which the work is first published, i.e. distributed to the public or any sizable audience.
Additionally, works may be registered with the United States Copyright Office using its official forms (http://www.copyright.gov/forms/).
Reconveyance of Copyright to Creator
When copyright is assigned to Trevecca Nazarene University because of the provisions of this policy, the creator of the copyrighted material may make a request to the executive vice president that ownership be reconveyed back to the creator. Such a request can, at the discretion of the executive vice president, be granted if it does not: (1) violate any legal obligations of or to the university, (2) limit appropriate university uses of the materials, (3) create a real or potential conflict of interest for the creator, or (4) otherwise conflict with university goals or principles.
Trevecca Nazarene University is an educational institution whose fundamental mission is to provide outstanding higher educational programs. The university recognizes that research, particularly that involving collaborative investigations with students and faculty, is a significant component of the educational process.
All potentially patentable ideas and inventions developed in whole or in part by university personnel in the course of their employment, or with more than incidental use of Trevecca Nazarene University resources, shall be disclosed in writing to the executive vice president. Written disclosure should include the (1) name of the inventor, (2) what was invented, (3) circumstances that led to the invention, and (4) the information as to what might be subsequent activities surrounding the invention. The Executive Team will then review the invention disclosure information submitted to decide if the university should seek a patent using university funds or to decline further action. If the university refuses to pursue application of the idea/invention, the inventor may then seek other aid outside the university to assess the patentability of the invention. If no action is taken, all patent rights revert to the inventor.
If there is positive action on an application, the university may wish to pursue evaluation of the invention from technical development consultants to ascertain whether there is sufficient interest and financial return that would make the acquisition of a patent feasible.
The remaining steps in the process are:
- A patent is obtained or institutional steps are put into place to protect the invention as a trade secret. These steps may ensure that, in the event of not immediately applying for a patent, proper protection is maintained and limited disclosure and publication are delayed to a later date.
- A patent, if any, is licensed and royalties are earned.
- Legal enforcement of patent rights begins.
Sharing of Royalties
Royalty distribution will be as follows. First, 100 % will accrue to the university for recovery of costs associated with the patent/license development. This would include all fees for preparing and prosecuting patents. All marketing and licensing fees would also be included. Second, the remaining income would be distributed between the university (60% of gross royalties) and the inventor(s) or their heirs (40% of gross royalties). Under certain conditions, the university may agree to accept a negotiated percentage of equity in place of all or some portion of the license or royalty fee(s).
Trade and service marks are distinctive words or graphic symbols identifying the original source of goods or services. Trade or service marks relating to goods or services distributed by the university shall be owned by the university. Examples include names and symbols used in conjunction with the university wordmark and logo and those names or symbols associated with university athletics, events, programs, software, or activities.
Policies for Research Involving Human Subjects
Institutional Review Board
Trevecca Nazarene University's Institutional Review Board (IRB) is responsible for ensuring compliance with established federal and university procedural and ethical guidelines for research.
The mission of the Institutional Review Board is to:
- Guard and protect the rights and well-being of human subjects,
- Promote the integrity of researchers in demonstrating leadership and compassion in dealing with their research subjects,
- Foster community respect for Trevecca's process in carrying out quality research while ensuring the dignity of research participants,
- Ensure compliance with established federal and university procedural and ethical guidelines.
The Institutional Review Board will review all research involving human subjects. The IRB may approve, modify, or disapprove any research project not meeting the principles and ethical constraints of governmental or university guidelines concerning treatment of human subjects. The board will be responsible to review initial projects, projects continuing past a 12-month time frame, and any project where the methodology changes substantively.
Researchers under the auspices of the Institutional Review Board
Everyone whose research involves human subjects should submit an application for approval:
- All Trevecca faculty, staff, and administrators
- All doctoral candidates
- All students doing non-class related research (must be under the supervision of a faculty mentor)
- All non-Trevecca persons applying to use Trevecca's students, faculty, staff, or administrators in their research
- All faculty members requiring class-related research must submit a general outline of their students' projects to ensure the safety of human subjects and to establish accountability.
Any research involving humans or human tissues conducted under the auspices of Trevecca Nazarene University must be reviewed by the Trevecca Nazarene University Institutional Review Board (IRB). Research with minimal involvement of human participants, such as surveys or questionnaires, require some procedural IRB review. Anyone whose research project requires IRB review must submit a completed certificate indicating that he or she has completed the training.
The following people may require training, depending on their research:
Students whose thesis research involves human subjects
Thesis advisors of students whose thesis research involves human subjects
Students conducting non-class-related research under the guidance of a faculty member
Researchers applying to use Trevecca Nazarene University's students, faculty, staff or administrators in their research
For further details and training instructions check Research on the Trevecca Web site: http://www.trevecca.edu/academics/research/
For questions about the Institutional Review Board, human subjects research, or other research-related issues, contact the Chair in the Institutional Review Board via email at IRB@trevecca.edu or by regular mail at the following address:
Institutional Review Board
Office of Academic Affairs
Trevecca Nazarene University
333 Murfreesboro Road
Nashville, TN 37210