November University Policy Distribution, SYS Policy Approvals and Upcoming SYS Policy Effective Dates

Friday, November 22, 2024

November University Policy Distribution 

The November university policy distribution contains one (1) revised policy (with an updated feedback deadline) and one (1) new policy.

Revised Policies:

  • SYS 1310, Copyrightable Materials Ownership, Use, and Control

New Policy:

Click on the link above to view the draft and ensure that your feedback is captured for review during the post-comment period. Comments can include attachments, including word documents and PDFs.

The feedback period to leave comment on SYS 1310 has been extended to 5:00pm on Friday, December 13. 

Comments on SYS 1XX are due by 5:00pm on Tuesday, January 28. 

 

 

DRAFT REVISED POLICY 

SYS 1310, Copyrightable Materials Ownership, Use, and Control

This policy will be effective upon approval by the president.  

Summary of Policy and Policy Revisions

  • The purpose of this policy is to clearly define copyright ownership for the faculty, staff, students, and affiliates who use the UW system’s facilities or act under contract with the Board of Regents of the University of Wisconsin System. The policy recognizes and codifies the System’s longstanding commitment to the academic tradition of assigning copyrights to the creators of scholarly, academic, and artistic works.
    • The policy has been updated throughout to fit current UWSA formatting standards and template. This included the addition of Section 1. Policy Purpose, Section 2. Responsible UW System Officers, Section 3. Scope and Institutional Responsibilities, Section 5. Definitions, Section 7. Related Documents, Section 8. Policy History, and Section 9. Scheduled Review.
    • In the title, removed the word “Instructions.”
    • Section 4 has been shortened to provide a brief history of the need for this policy and to unify the language of the SYS 1300 series policies.
    • Section 6.A has been redefined to determine copyright ownership based on category of work and no longer the type of material.
    • Section 6.B now discusses conditions of copyright transfer, and the policy no longer lays out developmental conditions for copyrightable instructional materials.
    • Section 6.C now lays out a standard for copyright ownership of jointly authored works.
    • Section 6.D was added to include the following definitions for Institutional Work:
      • Disposition: UW System units most closely associated with the authorship of Institutional Work may authorize use of the work. The disposition of Institutional Work within the UW System shall be managed by the president, chancellor, or designee.
      • Notice and Registration: Institutional Work that is registered with the U.S. Copyright Office or that includes a copyright notice should identify “The Board of Regents of the University of Wisconsin System” as the copyright owner.
      • Release of Institutional Rights: Authors of Institutional Works may request that the UW System transfer ownership to the Author. The UW System institution where the work is created may release its rights in copyrighted works to the As of 09/18/2024 Author(s) via a written agreement upon a determination that the transfer will not 1) conflict with an obligation to a Sponsor or third party; 2) violate any legal obligations of or to the UW System or Institution; 3) limit appropriate UW System use of the materials; 4) create an unmanageable conflict of interest for the Author; or 5) otherwise conflict with the UW System institution’s goals or principles.
    • Section 6.E was added to lay out terms in which UW System may license uses of or transfer copyright in an Institutional Work or to acquire copyrights.

 
DRAFT NEW POLICY 

SYS 1XX, Institutional Statements

This new policy will be effective upon signature by the President.

Summary of Policy

  • This policy establishes a general principle of viewpoint neutrality for institutional statements issued publicly on behalf of the university and its units. It makes permanent the principles established in the interim policy action SYS 100-10, Interim: Institutional Statements. It is designed to provide further clarification and guidance on the principles affirmed in RPD 4-12, Commitment to Academic Freedom and Freedom of Expression. Specific policy provisions include:
    • Establishing that institutional statements issued by university leaders should be limited to matters that directly affect the core mission of the university and should maintain viewpoint neutrality in any reference to any other matter. Such statements many express a position of support or opposition only when authorized by the president or chancellor. Institutional statements expressing solidarity or empathy are permitted in response to incidents or events that directly affect the operations and core mission of the university so long as their selective issuance does not imply preference for the viewpoint of one group over another.
    • Clarifying that this policy does not apply to:
      • Faculty and staff within a unit who may choose to express their expertise or judgement of a situation as it relates to their academic disciplines or research expertise, but that care should be taken to ensure that such statements are not misconstrued to represent the university or unit.
      • Faculty and staff expressing personal statements on non-university owned channels.
      • Officially recognized shared governance groups, though they should make clear in public statements that they are speaking on behalf of their group and not the institution.
    • Permitting the president and chancellor to adopt additional institution-specific guidance and procedures consistent with this policy.
    • Clarifying that the president and chancellors may not expand the scope of this policy to restrict the free expression rights of individuals or groups of individuals who do not present themselves as speaking in the name of and on behalf of the university or a unit.
    • Committing to preserving the academic freedom of faculty, research or instructional staff and students with respect to scholarship, teaching, and intellectual debate.

 

SYS Policy Approvals 

On November 12, President Rothman approved the substantive revisions to SYS 425, Use of Personal Vehicles, Rental Cars, and Fleet for Business Transportation.

On November 21, President Rothman approved revisions to the interim policy action SYS 100-10, Interim: Institutional Statements.

See below for a brief summary of these items.

SYS 425, Use of Personal Vehicles, Rental Cars, and Fleet for Business Transportation

Summary of Policy and Policy Revisions

  • This policy prescribes the mileage reimbursement rates and the requirements for using contract vehicle rental vendors, communicates driver authorization requirements, defines the responsibility for determining the most appropriate mode of transportation, vehicle expenses that can be reimbursed, business mileage and calculation of miles for reimbursement and the responsibilities for institutions that operate a fleet. Revisions were made to reflect that the Universities of Wisconsin has entered into a new contract term with Enterprise and National. Revisions to the policy include:
    • In Section 6.A, updated language and reimbursement requirements around Business Mileage (formerly Business versus Commuting Miles), including clarifying that the lesser distance will be reimbursed for mileage when travelling from home or headquarters to a temporary worksite, removing the subsection on multiple worksites, simplifying language regarding non-workday travel, and adding a subsection on mileage to airport, train station or other transportation terminal.
    • In Section 6.B, added reference to SYS 616, University of Wisconsin Student Drivers Under the State’s Liability Protection. Clarified that at times individuals who are not students or employees are able to drive on University business, and added that Risk Management reserves the right to remove drivers from the authorized driver’s list.
    • In Section 6.C, added “University Risk Management Contact” to list of parties who must be informed of an accident.
    • In Section 6.H, the second paragraph now includes the “State of Wisconsin (WSCA/NASPO) contract with Hertz” and redefines Eligible business renters as “Employees authorized by the University.” Added reference to SYS 615, Vehicle Use and Driver Authorization, and clarified that student drivers are eligible.
    • In Section 6.H, the third paragraph was revised to reflect that the University now considers Enterprise/National to be equal to Hertz as contracted partners.
    • In Section 6.H, the 7th paragraph was added to include information about which contract Student Organizations and Student Clubs should use as their insurance coverage and rates are now separate with Enterprise/National.
    • Throughout Section 6.I, replaced references to “CDW/LDW” with “CDW, LDW, and liability.”
    • In Section 6.I, the first paragraph was revised to include the following:
      • “The Big Ten Alliance contracts include collision (CDW) and loss damage waiver (LDW), and liability protection insurance coverage, excluding Student Club and Student Organization rentals.”
      • Removed the sentence that read, “The Big Ten agreement offers rates and some insurance coverage for international rentals, but travelers are advised that rules and coverage vary by rental location.”
      • “Travelers and those that arrange travel for others must review the rental vehicle contracts for rates, surcharges and included coverages prior to renting a vehicle.”
      • Removed reference to the WSCA (State of Wisconsin) contract ID.
      •  “The Hertz contract with the State of Wisconsin also includes the necessary CDW, LDW, and liability insurance for domestic rentals.”
    • In Section 6.I, a third paragraph was added to include the expectation for drivers to inspect their vehicle prior to leaving the rental agency.
    • In Section 6.I, added a subsection to specifically address the requirements for Foreign Vehicle Rentals (previously included in paragraphs with domestic rental information.)
    • In Section 6.K, universities will allow for refueling packages on a rare occasion with a reasonable explanation.
    • In Section 6.L, removed the first sentence regarding approved payment methods.
    • In Section 6.M, removed the specific “10%” from the tolerance above “point to point” map mileage.
    • In Section 6.N, universities will now allow transponder purchases.
    • In Section 6.O, the first bullet point in the right-hand column now includes “unless renting under the Student Club and Student Organization contract.”
    • In Section 7, added reference to SYS 616, University of Wisconsin Student Drivers Under the State’s Liability Protection. 

University Comments and Concerns

  • UW-La Crosse asked that Campus Risk Managers be included as someone that accidents can be reported to.
    • Revision made.
  • UW-Madison asked that we reference the desired SYS policy for the term “benefit guide.”
    • Revision made. References to SYS 616, University of Wisconsin Student Driver’s Under the State’s Liability Protection, have been included in sections 6.B and 6.H.
  • UW-Madison asked for further clarification regarding international rentals in section 6.I
    • Revision partially made.  Section 6.I.II was added, which includes advice from Risk Management regarding purchasing insurance while abroad. The policy language is intentionally vague, as coverages vary by country and change regularly. Policy states that travelers should purchase insurance unless they have verified in advance that it is not needed.
  • UW Madison proposed language changes for Section 6.I.II regarding corporate Travel Card usage.
    • Language regarding University Corporate Card use has been removed entirely from the policy. There have been multiple reports of claims not being successful and U.S. Bank (our credit card provider) is unable to send us reporting on claims at all. Section was removed as we do not want employees to assume they will be covered, when that has not been the case.
  • UW-Madison had several questions regarding section 6.O, specifically why certain items were not reimbursable in a business use rental context.
    • Three of the four suggested revisions were made. Maintenance and repair costs, Roadside services/towing, and GPS are now reimbursable. Insurance beyond CDW/LDW remains non-reimbursable, however language was added to further clarify.

 SYS 100-10, Interim: Institutional Statements

Summary of Interim Policy and Interim Policy Revisions

  • This interim policy action is designed to provide further clarification and guidance on the principles affirmed in RPD 4-12, Commitment to Academic Freedom and Freedom of Expression, until such time as a full UW System Administrative policy on the topic is drafted and approved. (This interim policy action will expire on October 1, 2025 or upon the approval of this new UW System Administrative Policy on Institutional Statements, whichever is sooner.) Revisions to the interim policy action include: 
    • In Section 1, remove reference to “a matter of political or social controversy” and replace with “any other matter.”
    • In Section 4, revise the definition of Public Statement to remove reference to matters of political or social controversy.
    • In Section 4, revise the definition of University Leader to clarify and recognize that department chairs are primarily faculty members, and that this policy applies to department chairs only when they make formal institutional statements on behalf of the academic department they chair.
    • In Section 4, revise the definition of Unit to remove “program” and replace “other institutional entity” with “institutional office.”
    • In Section 5, paragraph 1, remove reference to “a matter of political or social controversy” and replace with “any other matter.”
    • In Section 5, paragraph 4, revise recommendations so that institutional statements expressing solidarity or empathy “are permitted in response to incidents or events that directly affect the operations and core mission of the university so long as” their selective issuance “does not imply” preference for the viewpoint of one group or another.
    • In Section 5, paragraph 5, add clarification so that “university leaders are likewise encouraged to consult with their supervisor with respect to any proposed institutional statements in cases where it is not entirely clear that such statement is advisable.”
    • In Section 5, added new paragraph 7 to clarify that officially recognized shared governance groups are not covered by this interim policy but should be mindful of its intent and make clear that their statements on matters of public interest are on behalf of their group and not on behalf of the institution.
    • In Section 5, added new paragraph 10 to clarify that this interim policy action preserves academic freedom and that individuals are encouraged to draw upon their knowledge and expertise to engage in the public sphere and share their view.
    • In Section 5, added new paragraph 11 to clarify that individuals within the university community maintain rights to free expression when making statements as private citizens.

 

Upcoming Policy Effective Dates 

The following policy revisions were previously approved by President Rothman and have effective dates of December 1, 2024. Please review the revisions in preparation for the upcoming effective date: