FA Education Luncheon Recap: Academic Freedom (AF) and Intellectual Property (IP)

by Billy and dara

We had great conversations with colleagues about AF and IP. Many were aware we have mentions of both in the Contract (CBA), but many didn’t know that the current language about Academic Freedom (L.1.0) is merely reference to Board Policy 4030, and current language about Intellectual Property (L.2.0) is somewhat vague in terms of property definitions. We began our group discussions with two questions: 1) What is your understanding of academic freedom and what protections do you think it offers you? And 2) What are some examples of intellectual property you know of or may have?

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Interspersed with participants’ responses to the questions, we shared our concerns about and progress of negotiations L.1.0 is merely a reference to the Board Policy: that doesn’t occur in any other article in the CBA. Our position is that we need contract language, not just a callout to a Board Policy. Our points so far have been that most colleges have CBA language not just a Board Policy;  BP403 is broad and basic: it includes protections for students and employees outside of full time faculty. Placing Academic Freedom language within the confines of the CBA will ensure that any future changes occur only after bilateral negotiations under the EERA, and ensures no dispute over grievability. The language we are negotiating is strictly for faculty as we do not represent other constituent groups which may have other interests. The District is making it clear they want only the Board Policy and for the information to “live in one place,” but we are clear in our position to have it in the Contract.

In terms of Intellectual Property (IP), the current contract language needs revision to more clearly define what constitutes faculty property, district property and a process on property rights. We are pursuing contract language that guarantees faculty ownership of IP, unless the District provides extraordinary support and enters into an agreement with faculty before the product is created. Negotiations are currently underway on IP.

The most consistent takeaway we received from faculty at the event was the recognition of how critical it is to have explicit, clearly written protections for academic freedom (AF) and intellectual property (IP) in the CBA. After the lively exchange of ideas and concerns, we all left with a renewed sense of urgency to negotiate strong CBA language that will protect Academic Freedom and Intellectual property rights for full-time faculty.