To provide a working and learning environment at CWI that is free of unlawful discrimination and harassment.
Applies to all CWI employees, students, contractors, vendors, or visitors and anyone participating in a CWI sponsored activity (collectively referred to as “Members of the CWI Community").
Complainant: An individual who is alleged to be the victim of conduct that could constitute harassment.
Consent: An informed, freely given, and mutually affirmed, understanding, or agreement. If coercion, intimidation, threats, or physical force are used, there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption or being asleep or unconscious. There is no consent when there is force, express or implied, or use of duress or deception upon the victim. Silence does not imply or constitute consent. Past consent to sexual activities does not imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.
Dating Violence: Violence committed by a person:
1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
a. The length of the relationship.
b. The type of relationship.
c. The frequency of interaction between the persons involved in the relationship.
Discrimination: Adverse conduct against an individual that is based upon race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law. Such conduct could include action that excludes or denies an individual the benefits of a CWI program, activity, or service, treats the individual differently, or otherwise adversely affects a term or condition of their employment, education, or participation in a CWI program or activity. This includes failing to provide reasonable accommodations, consistent with state and federal law, to qualified individuals with a disability.
Domestic Violence: Includes acts of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Education Program or Activity: Includes locations, events, or circumstances over which CWI exercises substantial control over both the Respondent and the context in which the sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by CWI. In determining whether CWI exercises substantial control, factors such as whether CWI funded, promoted, or sponsored the event or circumstance where the alleged harassment occurred may be considered, but no single factor is determinative.
Formal Complaint: A document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting that CWI investigate the allegations of sexual harassment.
Harassment: Any conduct based upon an individual’s race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law that demeans or shows hostility or aversion toward an individual because of his or her protected class or creates an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in CWI sponsored activities. Harassing conduct may be in various forms, including name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating.
Official with Authority: Individuals who have the authority to institute corrective action on behalf of CWI or who are designated as such by the Title IX Coordinator. CWI Officials with Authority include the following:
• President
• Provost
• Assistant Vice President, Enrollment & Student Services
• Vice President, Human Resources
• Deans
• Executive Director of Human Resources
• All Campus Security Staff
• Title IX Deputy Coordinators, Investigators and Hearing Officers
Respondent: An individual who has been reported and is alleged to be the perpetrator of conduct that could constitute sexual harassment.
Retaliation: Action taken by an accused individual or an action taken by a third party against any person because that person (i) has opposed any practices forbidden under this policy; or (ii) filed a complaint or testified, assisted, or participated in any manner in an investigation or proceeding under this policy. This includes action taken against a bystander who intervened to stop or attempt to stop discrimination or harassment. Retaliation includes intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual’s protected activity. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy.
Sexual Assault: Any nonconsensual sexual act classified as a forcible or nonforcible offense under the uniform crime reporting system of the Federal Bureau of Investigation, including when the victim lacks capacity to consent.
Sexual Harassment (Title IX): Conduct on the basis of sex that satisfies one or more of the following:
1. An employee of CWI conditioning the provision of an aide, benefit, or service of CWI on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to CWI’s education program or activities or
3. Sexual assault, dating violence, domestic violence, or stalking.
Sexual Harassment (non-Title IX): Can include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when submission to, or rejection of, this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment. Sexual harassment can involve persons of the same or opposite sex. Consistent with applicable law, including but not limited to Title VII of the Civil Rights Act of 1964 and the Idaho Human Rights Act, this policy prohibits sexual harassment that results in a tangible employment action or sexual harassment that is so frequent or severe that it creates a hostile work environment.
A “tangible employment action” means a significant change to the terms and conditions of employment, including but not limited to, termination, demotion, undesirable reassignment, failure to hire, and failure to promote.
Hostile Work Environment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with an individual’s work performance or creates an intimidating, hostile, or offensive environment.
Examples of sexual harassment include but are not limited to:
• Demeaning and/or derogatory harassment towards one’s gender;
• Demeaning behavior, staring, pinching, touching, and other physical contact, or blocking the movements of another person;
• Unwelcome sexual comments, innuendos, jokes, abusive personal remarks, etc.;
• Sexually explicit displays or distribution of pictures, materials, or objects in the work area;
• Unwelcome amorous advances or propositions, physical conduct, obscene gestures;
• Obscene letters, phone calls, emails, or unwelcome words or comments with sexual or other discriminatory meanings;
• Unwelcome requests for sexual favors or repeated social contact; or
• Sexual assault or other unwelcome sexual contact.
A hostile environment can be created by anyone involved in a CWI program or activity (e.g., administrators, faculty members, students, vendors, and even campus guests). Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a sexual assault, even if isolated, can be sufficient.
In determining whether harassment has created a hostile environment, consideration will be made not only as to whether the conduct was unwelcome to the person who feels harassed but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. Also, the following factors will be considered:
• The degree to which the conduct affected one or more individual’s employment;
• The nature, scope, frequency, duration, and location of the incident or incidents;
• The identity, number, and relationships of persons involved.
CWI reserves the right to take corrective action with respect to employee conduct that does not rise to the level of a violation of law where such conduct is otherwise a violation of the Employee Conduct Policy.
The following definitions apply to Formal Complaints submitted by a Complainant regarding Sexual Harassment in the educational environment in accordance with Title IX.
Stalking: Engaging in a course of conduct directed to a specific person that would cause a reasonable person to:
1. Fear for their safety or the safety of others; or
2. Suffer substantial emotional distress.
“Course of conduct” means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim.
Supportive Measures: Non-disciplinary, non-punitive, individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the Respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Supportive measures may include:
1. Counseling;
2. Extensions of deadlines or other course-related adjustments;
3. Modifications of work or class schedules;
4. Campus escort services;
5. Mutual restrictions on contact between the parties;
6. Changes in work locations;
7. Leaves of absence;
8. Increased security and monitoring of certain areas of the campus; and
9. Other similar measures.
CWI is committed to maintaining a respectful community by providing equal educational and employment opportunities, services, and benefits to any individual without regard to race, color, religion, sex, age national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law. Discrimination and harassment undermine human dignity and the positive connection among all individuals at CWI. It may also be illegal. Accordingly, CWI prohibits discrimination or harassment based on race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, veteran status, or any other status protected by federal, state, or local law. CWI expects all members of the CWI community to avoid any behavior or conduct that is violative of this policy. CWI will take appropriate action to eliminate, prevent, and address the effects of discrimination, harassment, and retaliation.
It is important that Members of the CWI Community understand that this policy does not just prohibit discrimination and harassment of employees. It also prohibits discrimination and harassment between members of the CWI community more generally: for example, between an instructor and a student, between two students, or between a student and an applicant or campus guest. Accordingly, this policy applies to all CWI programs, activities, and officially recognized groups, including, but not limited to, instruction, grading, and employment. In addition, CWI prohibits retaliation against an individual for opposing any conduct or practices prohibited under this policy, for bringing a complaint of discrimination or harassment, for assisting someone with such a complaint, for attempting to stop such discrimination or harassment, or for participating in any manner in an investigation or resolution of a complaint of discrimination or harassment. It is central to the values of CWI that any individual who believes they may have been the target of unlawful discrimination or harassment feel free to report their concerns for appropriate investigation and response, without fear of retaliation or retribution.
Conduct that occurs off campus may be subject to this policy, such as in cases whereof-campus harassment has continuing effects that create a hostile environment on campus or if conduct occurs at an off-campus educational program or activity. Allegations of off-campus sexual harassment are of particular concern and should be brought to CWI’s attention.
CWI is subject to both Title VII and Title IX. This policy recognizes that Title VII imposes different obligations with respect to sexual harassment than Title IX, including a different definition of sexual harassment. This policy serves to protect employee rights under Title VII without unnecessarily broadening the scope of prohibited speech and expression in the educational environment. This policy shall not be construed or applied to restrict academic freedom at CWI, nor shall it be construed to restrict constitutionally protected freedom of expression.
All complaints or any concerns about conduct that may violate this policy and retaliation should be filed with the Title IX Coordinator:
CONTACT INFORMATION:
Title IX Coordinator E-Mail: chadtrisler@cwi.edu
Chad Trisler, Dean of Students Phone: (208) 562-2106
Physical Campus Location Mailing Address
Nampa Campus, Willows Building C Title IX Coordinator
Room 106 MS 2020
5520 E Opportunity Dr. P.O. Box 3010
Nampa, ID 83687 Nampa, ID 83653
In order for CWI to respond effectively to prevent and to stop instances of discrimination, harassment, sexual harassment or other related misconduct addressed in this policy involving students or employees at CWI, members of the CWI community (as appropriate) should report information they have about discrimination, harassment, sexual harassment, or other related misconduct involving students and employees to the Title IX Coordinator as quickly as possible. Employees who learn of such conduct are strongly encouraged to report the conduct to the Title IX Coordinator within 24 hours. In addition, CWI is committed to providing reporting options through multiple contact points across campus that are broadly accessible to all CWI community members, including the Title IX Coordinator, CWI’s Ethics Hotline, instructors, supervisors, or others identified at CWI as Officials with Authority. To most effectively respond to and address instances under this policy, information provided should include all information that is available at the time, and reporting should not be delayed to collect additional information. This information may include the names of the individuals involved, the reporting party, other students involved in the incident, as well as any available facts, including the date, time, and location of the incident.
Upon receiving a report of alleged or possible discrimination, harassment, or sexual, or other related misconduct, CWI will evaluate the information received and determine what further actions should be taken. CWI will follow the procedures described in the applicable investigation and grievance procedure. For complaints alleging discrimination and harassment not meeting the definition of Sexual Harassment under Title IX, CWI will adhere to the CWI Investigation and Resolution Procedure. For Formal Complaints alleging conduct meeting the definition of Sexual Harassment under Title IX, CWI will follow the Title IX Grievance Procedure. CWI will provide information to both the Complainant and the responding party about the applicable procedure, as well as available health and advocacy resources and options for criminal reporting. CWI shall not wait for the conclusion of a criminal investigation or proceeding before commencing an investigation of a complaint under this policy. In cases involving a student respondent, withdrawal from CWI shall not be used as a method to avoid completion of the investigation. Allegations of discrimination or harassment against student respondents that do not meet the definition of Sexual Harassment under Title IX will be addressed under the Student Code of Conduct as appropriate.
In responding to allegations of Sexual Harassment under Title IX, the Title IX Coordinator will promptly contact the Complainant confidentially to discuss the availability of Supportive Measures, consider the Complainant’s wishes with respect to Supportive Measures, inform the Complainant of the availability of Supportive Measures (with or without filing a Formal Complaint), and explain to the Complainant the process for filing a Formal Complaint.
In responding to allegations which fall exclusively under Title VII, the Office of Human Resources will contact the complainant to discuss the report, and to explain the process to be utilized for resolution.
Violations of this policy will be addressed through the applicable CWI investigation and grievance procedure. Consequences for violating this policy will depend upon the facts and circumstances of each particular situation. Sanctions and corrective action could include: a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, disciplinary action, a no-contact order, reassignment, suspension, or termination. The severity of sanctions or corrective action will depend on the frequency and severity of the offense and any history of past discriminatory, harassing, or retaliatory conduct. A finding of discrimination, harassment, or other conduct in violation of this policy may be cause for disciplinary action, up to and including the discharge of employees and the expulsion of students, in accordance with applicable CWI policies and procedures. CWI may also take appropriate action if it does not find discrimination or harassment but (i) CWI found that the Respondent engaged in disruptive behavior; or (ii) to prevent the creation of a hostile environment.
CWI will follow the Title IX Grievance Procedure before imposing any disciplinary sanctions or other actions that are not Supportive Measures against a student Respondent in addressing conduct that falls within the definition of Sexual Harassment under Title IX. Mutual restrictions on contact between the Complainant and the Respondent or other related Supportive Measures shall not be considered a disciplinary sanction against the Respondent. CWI may remove a student Respondent from the educational program or activity only after performing an individualized safety and risk analysis and determining that an immediate threat to the physical health or safety of any student or individual arising from the allegations of Sexual Harassment justifies removal. Immediately following the emergency removal, CWI will provide the Respondent with notice and an opportunity to challenge the decision. Nothing in this Policy shall limit CWI’s ability to place a non-student Respondent on administrative leave during the pendency of the Title IX Grievance Procedure.
Pursuant to applicable governing policies and procedures of the Idaho State Board of Education, if a student is suspended or expelled as the result of a violation of CWI’s Title IX policy, the action taken against the student shall be noted in the student’s education records and communicated to a subsequent institution at which the student seeks to enroll, provided that the institution or student has requested the student’s education record from CWI.
If you are a student and filed a complaint with the Title IX Coordinator and believe the response was inadequate, or you otherwise believe you have been discriminated or retaliated against by CWI, you may file a complaint with the Office for Civil Rights (OCR) of the U.S. Department of Education, the Idaho Human Rights Commission, or the Educational Opportunities Section (EOS) of the Civil Rights Division of the U.S. Department of Justice. If you are an employee and filed a complaint with CWI, or a designee, and believe the response was inadequate or you otherwise believe you have been discriminated or retaliated against by CWI, you may file a complaint with the Idaho Human Rights Commission or the Equal Employment Opportunity Commission.
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U.S. Department of Education Idaho Human Rights Educational
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The purpose of this policy is to establish guidelines for respecting the Campus Community's right to free speech and expressive activity while maintaining CWI’s mission and operations.
This policy applies to all CWI students, student organizations, employees, invited guests, and visitors.
Campus Community: CWI students, student organizations, administrators, staff, faculty, and invited guests.
CWI Property: Any premises or property owned, leased, or controlled by CWI, including all real and personal property, resources, funds, information systems, and college-owned or controlled websites and social media accounts.
Designated Public Forum: CWI property that has been opened up for use to certain groups or for the discussion of certain topics. Such restrictions may not be based upon the viewpoint of the speaker and must be reasonable in light of the purpose served by the forum. Examples of Designated Public Forums at CWI include, without limitation, interior bulletin boards, official CWI websites and social media pages, and reservable classrooms and meeting rooms.
Disruptive Activity: Activity conducted in a manner or at a time or place that is either incompatible or unreasonably interferes with the educational or other legitimate functions of CWI.
Expressive Activity: Any lawful verbal, written, audio-visual, or electronic means by which individuals may communicate ideas to one another, including all forms of peaceful assembly, protests, speeches and guest speakers, distribution of literature, carrying signs, and circulating petitions.
Facilities Planning and Management Department (FPM): The CWI department with authority over all CWI physical/campus space.
Indoor Public Areas: Facilities that have been opened up to members of the general public for a specific campus function. Unless designated for a specific campus function, indoor areas of CWI property are not public areas.
Nonpublic Forum: CWI property that may be used only for its intended purpose and which may be subject to speech regulations reasonably related to the intended purpose. Examples of nonpublic forums at CWI include, without limitation, administrative office space and other facilities not subject to facilities use requests.
Open Public Forum: CWI property that has been opened up for use to the Campus Community and Visitors for Expressive Activity. Restrictions on Expressive Activity in Open Public Forums may not be based on the viewpoint of the speaker but may be subject to content-neutral time, place, and manner restrictions. Public Outdoor Areas, as defined in this policy, are considered Open Public Forums.
Public Outdoor Areas: The generally accessible outdoor areas of campus where members of the public are commonly allowed, such as grassy areas, walkways, or other similar common areas, and do not include outdoor areas where access is restricted from a majority of the campus community. Public Areas do not include the interiors of CWI facilities (unless otherwise designated), parking spaces, or areas that are being used for CWI educational activities or are otherwise reserved.
Reserved Outdoor Areas: Locations in Public Outdoor Areas of CWI- owned facilities which may be used for Expressive Activities involving the use of tables, chair, booths, displays, or exhibits.
Student Organization: The Associated Students of ĢƵ (ASCWI) and any registered student group recognized by CWI as an organization which is authorized to identify itself as being associated with CWI and which has taken the required steps to maintain recognition.
Visitors: Members of the general public who are not active members of CWI’s faculty, staff, or student population who may access public areas of campus.
The First Amendment of the United States Constitution and the Constitution of the State of Idaho protect the rights of freedom of speech, freedom of the press, freedom of religion, freedom of association, and freedom to petition the government for all people. CWI honors the Campus Community’s ability to exercise the these First Amendment rights by establishing guidelines to promote free speech while maintaining a safe and operable campus.
As an institution of higher education, CWI has a particular responsibility to safeguard free speech rights. The United States Supreme Court, in Healy v. James, described public colleges as “peculiarly the marketplace of ideas,” where students learn to exercise the constitutional rights necessary to participate in this system of government and to tolerate others’ exercise of the same rights.
CWI also recognizes its’ responsibility to provide a secure learning environment that allows members of the community to express their views in ways that do not substantially disrupt the operations of CWI. Reasonable limitations may be placed on the time, place, and manner of free speech and expressive activities as deemed necessary by CWI in order to serve the interests of health and safety, prevent disruption of the educational process, and protect against the invasion of the rights of others.
The following restrictions apply to activities on or using CWI Property:
This policy does not permit activities which constitute the following:
Restrictions on all CWI Property:
Any individual or organization who wishes to engage in the following Expressive Activities in the Public Outdoor Areas of campus shall be permitted to do so freely as long as the person’s conduct abides by the General Conditions for use of CWI Property and reasonable time, place, and manner restrictions.
Expressive Activities in Public Outdoor Areas are Subject to the following time, place, and manner restrictions:
CWI reserves the right to restrict certain facilities, classroom space, and indoor and exterior walls to official CWI business only. Such spaces are Nonpublic Forums and are subject to reasonable regulations. For additional guidance on the use of space of CWI facilities, see OP 070 – Space Use.
Bulletin boards are Designated Public Forums subject to reasonable time, place, and manner restrictions that are not based on the viewpoint of the speaker. For additional guidance on the use of CWI Bulletin Boards, see OP 190 – Campus Posting Policy.
Facilities available for use by the Campus Community and Visitors constitute a Designated Public Forum and are subject to reasonable time, place, and manner restrictions that are not based on the viewpoint of the speaker. A request to use facilities for Expressive Activities, including invitations to speakers, shall be made in accordance with OP 120 – Facility Request. No individual or organization not expressly authorized to represent CWI for the event or activity shall use the CWI name to imply official college sponsorship of the speaker in advertising or publicizing the event, except to identify the specific location of the event.
Distribution of written materials inside of CWI facilities shall not involve personally delivering materials to students within hallways, entryways, or classrooms and no person shall be compelled to accept any written material. However, written materials may be made available at tables that are reserved in interior spaces in accordance with the reservation process set forth in OP 120.
All CWI websites and social media pages constitute Designated Public Forums and are for the purpose of furthering the mission, vision, and core themes of CWI. CWI reserves the right to restrict or remove any content that does not relate to CWI business, programs, and/or services or which otherwise violates CWI policies or guidelines, including without limitation, Administrative Guidelines – Social Media.
Faculty, students, and Student Organizations engaging in expressive activities, whether on or off-campus, do so with the express understanding that the statements, opinions, and representations of the speaker(s) are not representative of CWI and that CWI neither endorses nor sponsors the expressive speech of any speaker not expressly recognized as representing CWI.
Conversely, CWI reserves the right, in its sole discretion, to determine the content of all official CWI communications, sponsorship, messaging, and engagement.
Failure to enforce this policy in one instance does not waive CWI’s right to enforce it in any other instance.
A Campus Community member or Visitor who believes a CWI official has infringed on the ability to engage in Expressive Activities protected by this policy may report such complaint through the appropriate reporting processes available to employees and students. Any individual may report an alleged violation using CWI’s Ethics Hotline, available here - .
This policy establishes the parameters for acceptable commercial solicitation and advertising on CWI’s campus.
This policy generally applies to all groups and individuals who wish to engage in commercial solicitation and advertising on CWI’s campus. It does not apply to College sponsored activities or events which bring outside organizations to CWI’s campus by invitation of the College.
Commercial Solicitation: the attempted sale, lease, rental, or offer for sale, lease or rental of any property, product, merchandise or service, whether for immediate or future delivery; or the distribution of information in support of these activities.
Commercial solicitation and/or advertising generally will be allowed when the activity provides a clear benefit to the College consistent with its purpose and mission. Thus, CWI reserves the right to deny solicitation and/or advertising rights to any program, entity or person when such activity is not consistent with its mission, philosophy, policies or applicable law. Further, permission to solicit or advertise on CWI’s campus in no way reflects CWI’s endorsement, opinion or policy. In exchange for the opportunity to solicit sales on campus CWI may charge, at its discretion, a commercial solicitation fee. Except as otherwise provided, this policy does not apply to private sales between individuals when there is no attempt to solicit or sell to the general campus population. This policy also does not apply to advertisements in the campus newspaper or any college publication which generally accepts commercial advertising.
Commercial solicitation and advertising shall be permitted as provided below, subject to reasonable regulation as to time, place, and manner thereof. As used in this policy, “commercial solicitation” means the attempted sale, lease, rental, or offer for sale, lease, or rental of any property, product, merchandise, or service, whether for immediate or future delivery; or the distribution of information in support of these activities.
No student, student organization, employee, outside entity, or outside person shall engage in advertising, solicit sales or offer anything for sale to any employee or student on CWI’s campus unless such activity is approved in advance by the CWI Facilities Reservations Committee or is covered under “Miscellaneous provisions” below. Further, any such solicitation and/or advertising must be sponsored by a CWI department or organization.
To establish CWI’s policy regarding smoking and tobacco use on CWI owned and leased properties.
Applies to all students, employees, contractors, volunteers and visitors on CWI owned and leased properties
CWI is committed to providing a safe and healthy environment for its employees, students and visitors. In light of findings of the U.S. Surgeon General that exposure to secondhand tobacco smoke and use of tobacco are significant health hazards, it is CWI’s intent to establish a smoke and tobacco-free environment.
To facilitate compliance with the requirements of Titles I and II of the Americans with Disabilities Act (“ADA”) which prohibit discrimination on the basis of disability in employment and in all programs, activities and services provided by CWI.
Applies to all employees, students and visitors.
Disability: A physical or mental impairment that substantially limits or restricts the conditions, manner, or duration under which an average person in the general population can perform a major life activity, such as walking, seeing, hearing, speaking, breathing, learning, working, or taking care of oneself.
Service Animal: Dogs or, in certain instances, miniature horses that are individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Service animals may perform tasks that include, but are not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. Service animals are working to assist the handler and are not considered pets.
Handler: Any person having an interest in or right of possession to a service animal, or any person having control, custody, or possession of a service animal.
Comfort Animal: An animal that provides comfort, reassurance, social interaction and other emotional benefits. An animal that solely provides comfort or emotional support does not qualify as a service animal, regardless of training. A comfort animal is not considered a service animal, but comfort animals may be allowed on CWI-owned or controlled property on a case-by-case basis as a reasonable accommodation to an individual with a disability.
Pet: A domestic animal kept for pleasure or companionship. Pets are generally not permitted in any CWI-owned or controlled buildings.
Therapy Animal: An animal that provides affection and comfort and is specifically trained to be gentle and stable in stressful situations. Therapy animals are most often used in hospitals, nursing homes, mental health facilities and children’s settings. The use of a therapy animal may be incorporated into the treatment process as prescribed by an appropriate health care professional. A therapy animal is not considered a service animal, but therapy animals may be allowed on CWI-owned or controlled property on a case-by-case basis as a reasonable accommodation to an individual with a disability.
Direct threat: A significant risk to the health, safety or well-being of individuals with disabilities or others when this risk cannot be eliminated by reasonable accommodation.
Employment: Pursuant to the ADA and applicable regulations and guidelines promulgated by the Equal Employment Opportunity Commission, CWI prohibits discrimination on the basis of disability in its hiring and employment practices. Further, CWI will provide reasonable accommodations to qualified employees or applicants with a disability unless the provision of the accommodation would impose an undue hardship on CWI.
Services, Programs or Activities: CWI similarly prohibits discrimination on the basis of disability in its programs, activities and services. Accordingly, qualified individuals with a disability will not be excluded from participation in or denied the benefit of the programs, activities or services provided by CWI because of their disability. Further, CWI will provide reasonable modifications to its programs, activities and services to allow qualified individuals with a disability to participate in or avail themselves of the benefits of CWI’s programs, activities and services unless such modifications would fundamentally alter the nature of the program, activity or service or impose an undue burden on CWI.
CWI will generally, upon a request, provide appropriate aids and services for effective communication for qualified persons with disabilities so they can participate equally in CWI’s programs, services and activities, including qualified sign language interpreters, documents in Braille and other ways of making information and communications accessible to people who have speech, hearing or vision impairments.
CWI will make all reasonable modifications to policies and programs to ensure that qualified individuals with a disability have an equal opportunity to enjoy all of its programs, services and activities. For example, individuals with service animals are welcome in CWI offices, even if pets are otherwise generally prohibited.
Individuals with a disability who need a reasonable accommodation or a modification of policies or procedures to participate in a program, service or activity of CWI, should contact:
Students – Disability Services
Employees – Human Resources
CWI will not place a surcharge on any individual with a disability or any group of individuals with disabilities to cover the cost of compliance measures. Accordingly, CWI will not place a surcharge on the provision of auxiliary aids/services, or other reasonable accommodations nor will it place a surcharge on reasonable modifications of policy or procedures.
Individuals with disabilities may be accompanied by their service animal on all CWI premises where members of the public or participants in services, programs, or activities are allowed to go. CWI recognizes the importance of Service Animals for individuals with disabilities. The purpose of this document is to assist in understanding issues surrounding “Service Animals” and offer guidance on how to create a welcoming and safe environment for CWI students and employees interacting with or utilizing a service animal.
There are rights, expectations and responsibilities both of a service animal and its handler, as well as members of the CWI community. CWI strives to create a welcoming and safe environment for all individuals based on mutual trust and respect by establishing open and honest communication between all involved parties.
CWI is committed to ensuring that the needs of all people who require accommodations are met and will decide how to resolve any conflicts or problems as quickly as possible. Reports can be made with Disability Services (students) or Human Resources (employees).
Service Animals facilitate the specific purpose of aiding their handler with one or more major life activities. Interfering with or disrupting the service animal as it is working may pose a health or safety risk to the handler or the rest of the CWI community. Following standard etiquette when interacting with service animals and the handler aid in protecting against this. Some etiquette rules to follow include:
Under certain circumstances, CWI may ask that a service animal leave CWI-owned or controlled property or not participate in an event. Examples of these circumstances may include:
If a service animal continues to engage in disruptive, aggressive, or unhygienic behaviors, which include but are not limited to those described above, the service animal’s handler may be prohibited from bringing the animal onto CWI-owned or controlled property until the handler has taken steps to mitigate the behavior.
We each have an obligation to be supportive of our CWI student or employee colleagues and to help create a welcoming and safe environment at the College. These guidelines are designed to show the ways in which the CWI community, individually and institutionally, can be supportive of someone working with a service animal.
To ensure that CWI provides individuals under the age of eighteen (18) (Minors) with a safe learning environment that promotes achievement of educational goals while ensuring that all Employees, Involved Students, Volunteers, and Partners are trained to provide such an environment, avoid potentially harmful situations, and comply with reporting requirements involving Minors who may be experiencing or have experienced, abandonment, abuse, or neglect.
This policy identifies when CWI students, employees or volunteers will need to comply with additional CWI training requirements when interacting with Minors.
Applies to all Employees, Involved Students, Volunteers, and Partners, who interact with Minors through College-sponsored or affiliated programs or activities. This policy applies in all situations where the College or a Partner has custody or control of Minors. This policy does not apply to events where Minors may be present but are expected to be supervised by a parent or guardian (ex. Graduation, events open to students and their families, etc.) or to normal classroom instruction where a minor is enrolled as a student of CWI. This policy shall apply where Minors enrolled as CWI Students participate in CWI programs through travel, activities, or events held outside of class time that require the consent by guardian or parent for participation.
Campus: All CWI locations and premises, field and research areas, vehicles, grounds, buildings, commercial operations, and residences under College ownership or control.
CWI Covered Program (CWI Covered Program): A Covered Program includes any on-campus or off-campus program administered, supported by, or involving CWI employees, faculty, or volunteers where CWI is responsible for the care, custody, or control of Minors. Examples of Covered Programs include but are not limited to day camps, clinics, instructional programs, summer programs, sports camps, activity days, tutoring programs, and workshops operated by CWI. Covered Programs specifically do not include: (1) any credit or non-credit CWI course during scheduled times; (2) programs or activities which are advertised and open to all students; (3) Events open to the public that minors may attend where CWI does not accept Care, Custody, or Control of the Minor. Covered Program require additional training for CWI employees and volunteers and are required to notify CWI Risk Management prior to any Covered Program activity. Covered Programs also include those programs that are operated by a third-party but involve CWI employees or volunteers in their official CWI capacity.
Employee: Any individual currently employed by CWI and compensated through its payroll system.
Involved Student: Anyone who is currently enrolled at CWI and is acting on behalf of the College, or any partner entity, in relation to a Covered Program. This definition does not include students who are participants in a Covered Program.
Minor: Any person under the age of eighteen (18) who is not enrolled in a CWI credit or non-credit class.
Minor Student: CWI students who are Minors and are enrolled in a credit or non-credit course at CWI or are participating in an event that is advertised and open to all students. For purposes of this policy the presence of Minor Students in a CWI academic course or open, advertised events does not make that course a Covered Program.
Minor Abuse: The infliction of physical or emotional injury, sexual abuse, or exploitation of a Minor (whether by an adult or another Minor); negligent treatment or maltreatment of a Minor; or abandonment of a Minor. This includes the failure to make reasonable efforts to prevent Minor Abuse as well as emotional injury. (See IC § 16-1602 for definitions of Abuse, Neglected and Abandonment for purposes of mandatory state reporting)
Other Equivalent Training: Training, generally related to formal certification or licensure, which exceeds the training required by the College. This may include IdahoSTARS licensure, an active Teaching Certificate, or other similar training in the protection of minors. The Risk Manager, or designee, has sole discretion determining the sufficiency of equivalent training.
Third-Party Program: Any outside agency or entity who has contracted, or otherwise made an agreement with the College, to provide a program on college premises that involves participation of Minors. This includes programs such as summer camps, sporting leagues, ad hoc childcare, or campus tours that do not involve CWI employees. Faculty and volunteers, vendors, or contractors who are providing an ancillary service, such as catering, transportation (i.e. bus drivers), facilities rentals, or other similar services where interaction with minors is minimal and/or supervised at all times are not considered Third-Party Programs are those programs where CWI is not involved in the operation or administration of the Program and is strictly a contractual relationship.
Responsible Individual: The employee or other individual who is planning, sponsoring, or administering the Covered Program. This person must have effective control over and be involved in the operation of the Covered Program.
Volunteer: A person who performs services and/or engages in activities on behalf of or for the benefit of CWI without promise, expectation, or receipt of compensation. The term “volunteer” does not include CWI students participating in activities that are part of a course or program in which the student is enrolled.
The College is committed to the shared values of caring, citizenship, and responsibility. Under this umbrella of shared values, all employees, students, contractors, subcontractors, partners, and volunteers will prevent minor abuse when possible and report it when suspected.
The following requirements apply to CWI Covered Programs:
Program Registration
All CWI Covered Programs and Affiliated Covered Programs, either one-time or ongoing, serving Minors must be registered with CWI Risk Management no less than thirty (30) days prior to the commencement of the Program. In the case of Affiliated Covered Programs, it is the responsibility of the activity organizer, director, dean, or department chair to register the event and provide notice of the event to their respective Executive Operations Team (EOT) member. Program registration must be completed by the Responsible Individual and Risk Management must be notified of any material changes to any Program no later than twenty-four (24) hours after the Responsible Employee becomes aware of the change.
Background Checks
A background check shall be required of each Employee, Involved Student, and Volunteer prior to any interaction or participation with Minors in any CWI Covered Program.
CWI Affiliated Covered Programs are required to conduct criminal background checks on their employees, volunteers, and representatives that will interact with Minors. The College may request any additional information it deems necessary to ensure the requirements of this policy are being met.
Mandatory Training on the Prevention, Recognition, and Reporting of Minor Abuse
Employees, Involved Students, and Volunteers who participate in CWI Covered Programs must complete protection of minors training, as specified by Risk Management, or provide documentation of Other Equivalent Training.
Third Party Program agreements must include terms where the Vendor warrants and represents that all employees having contact with minors will receive appropriate training and background checks and mandatory reporting training to be allowed to operate on CWI premises.
Requirement for CWI Covered Program
Prior to interacting with Minors, all Employees, Involved Students, and Volunteers must:
General Consideration with Minors
When interacting with Minors, all Employees, Involved Students, and Volunteers should:
Reporting Requirements
When to Report Minor Abuse
Under this policy and state law, all CWI employees, students, and volunteers who suspect Minor Abuse are required to report the abuse to law enforcement or the Idaho Department of Health and Welfare within twenty-four (24) hours. There is no need to investigate or ensure that evidence exists before reporting.
Any doubt as to whether or not to report should be resolved in favor of making the report to ensure that appropriate professionals in law enforcement and/or child protective services can assess the report and evaluate the safety of the Minor.
Where to Report Minor Abuse
Idaho law requires anyone who suspects Minor Abuse to report it immediately to law enforcement or the Idaho Department of Health and Welfare.
If a Minor may be in imminent harm, dial 9-1-1 or activate a blue emergency phone located on campus.
Otherwise, immediately report the incident to:
Additional Reporting Requirements
Any person designated as an Official With Authority under the College’s Respectful Community Policy or a Campus Security Authority under the Clery Act must follow established reporting requirements.
CWI Covered Programs
CWI Employees, Involved Students, and Volunteers who are involved in Covered Programs involving Minors, as well as employees, volunteers and other representatives of partner organizations or entities that operate programs or activities involving Minors on campus, are required to satisfy specific training and certification requirements.
All individuals working with Minors in CWI Covered Programs are required to review this Policy once per calendar year and sign a certification confirming that they understand and will comply with the terms of this Policy. A copy of this certification must be submitted for each program. In addition, Employees, Involved Students, and Volunteers must complete an online training course. The training course is designed to assist those who work with Minors in establishing a comprehensive program for protecting Minors from sexual misconduct by addressing prevention strategies and reporting abuse. This online training course should be completed at least two (2) days prior to the start date of the Program involving Minors. The Responsible Individual is responsible for collecting copies of signed certifications and training completion certifications from the Employees, Involved Students, and Volunteers and promptly forwarding them to Risk Management, not less than two (2) days from the date of any program or activity.
Third-Party Program
All Third-Party Programs that provide operation or services that involves minors are required to register with the CWI Risk Manager and also execute a written agreement with CWI that includes the following terms:
Oversight and Responsibilities
Risk Management will track program information and written agreements, while ensuring compliance with this policy and best practices in the prevention of Minor abuse. Risk Management in conjunction with Human Resources will track background checks, to be performed by Human Resources, and training completion on the prevention of Minor abuse. Program organizers or designees shall register programs involving Minors with Risk Management with sufficient advance notice to meet the requirements and intentions of this policy. (Minimum one (1) month).
Enforcement
CWI Covered Programs which are not in compliance with this Policy will be terminated and the policy violation will be reported to the CWI Covered Program Supervisor and to CWI Human Resources.
Covered Programs which are found not to be in compliance while operating may be immediately terminated, suspended until compliance with the policy is achieved, or be required to comply with immediate remediation steps, at the sole discretion of the Risk Manager or designee.
Violations of this Policy may include the full range of corrective actions available including suspension, expulsion, dismissal, termination, and exclusion from campus. The College may also take necessary interim actions before determining whether a violation has occurred. The College may terminate relationships or take other appropriate actions against non-CWI entities that violate this Policy. Any violations of law will be reported to the proper authorities.
Policy Interpretation
Questions about the interpretation or application of this Policy should be raised with the Risk Manager, who shall have sole discretion to interpret and apply this policy in the manner that best serves the protection of minors and the interests of the College.
All employees, students, contractors, subcontractors, and volunteers who interact with Minors through programs are required to comply with the following code of conduct when interacting with Minors.
There are often certain recognizable physical and behavioral indicators of Minor abuse or neglect. The following signs, by themselves, may not be conclusive evidence of a problem, but serve as indicators of the possibility that a problem exists.
Each case of minor abuse or neglect is individual. The child who has been hurt is always the victim. If you believe a child may be the victim of abuse or neglect, contact the Idaho Department of Health and Welfare at (208) 334- 5437 or the Care Line at 2-1-1. Additionally, CWI Campus Safety & Security can be reached at (208) 562-3333. Always dial 9-1-1 in case of an emergency.
To provide guidance concerning the appropriate operation of and uses for Unmanned Aircraft Systems on CWI property.
Applies to all CWI employees, students, members of the public and volunteers on CWI campuses, at CWI field sites or on CWI field trips.
Employee: Any individual currently employed by CWI and compensated through its payroll system.
Student: Anyone enrolled as a student at CWI. For purposes of this policy, “student” includes all student employee positions.
Volunteer: A person who performs services and/or engages in activities on behalf of or for the benefit of CWI without promise, expectation or receipt of compensation. The term “volunteer” does not include CWI students participating in activities that are part of a course or program in which the student is enrolled.
Member of the Public: A person who is on College property not in the capacity as a student, employee, or volunteer. A member of the general populace.
Campus: All CWI locations and premises, field and research areas, vehicles, grounds, buildings, commercial operations and residences under College ownership or control.
Field Site/Field Trip: A work site external to the College for the purpose of research or study. A field trip usually is an approved part of a course curriculum.
Unmanned Aircraft System (UAS) or “Drone”: Defined by the Federal Aviation Administration (FAA) as the unmanned aircraft (US) and all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the unmanned aircraft.”
Drone: A common term used to define a UAS, an unmanned aerial vehicle (UAV), or remote controlled model aircraft (RCMA).
The College supports the use of UASs to enhance administrative, research, instructional, and service functions of the institution. The College must take into consideration privacy and safety issues when providing direction for use of UASs.
UAS regulation is emerging and multi-faceted. UAS operational safety is regulated by the FAA and is expected to evolve significantly in the near future; therefore this policy will change with updates in FAA regulations.
The above situations are permitted only:
To establish that ĢƵ does not support international travel except to Canada.
Applies to all CWI employees and students, and includes internships, externships, study abroad, conferences and continuing education. This policy also applies to non-CWI individuals who may be traveling on behalf of CWI and utilizing funds provided by CWI.
Employee: Any individual currently compensated through the CWI payroll.
Student: Anyone enrolled as a student at CWI. For purposes of this policy, “student” includes all student employee positions.
International travel: Travel outside of the fifty states of the United States, including travel to Puerto Rico and other U.S. Territories.
CWI does not support international travel except to Canada. For travel guidelines, see CWI’s ADMIN 060 Travel Policy. The use of any CWI and Federal funding for travel to Canada must follow strict guidelines and be fully transparent to CWI’s President and constituents.
To define and provide guidelines relating to copyright and intellectual property of materials created by CWI employees and students.
Applies to all CWI employees and students.
Copyright: The intangible property right granted by federal statute for an original creative Work fixed in a tangible form of expression. Copyright provides the owner with the following exclusive rights in a Work: to reproduce, to prepare derivative works, to distribute by sale or otherwise, to perform publicly, and to display publicly. These protections arise and exist automatically upon fixation of the Work in a tangible medium. Registration of the copyright is not required for these rights to exist.
Individually-Supported Work: Work that is created independently, at the creator’s initiative, on their own personal time, prepared outside the course and scope of CWI employment without any direct support from or through CWI and without the use of any CWI resources.
Scholarly, Educational, Artistic, Musical or Literary Works (“Scholarly Work”): Includes scholarly, educational, artistic, musical, or literary Works created by CWI faculty, staff or students, primarily for the purposes of teaching, scholarship, and professional development, in their field of expertise, regardless of the form of expression or mode of transmission.
Fair Use: An exemption provided by federal copyright law that may create a defense to be used in copyright infringement litigation against CWI and the creator for allegedly infringing use of a Work after an informed good faith consideration of the following factors:
The University of Minnesota provides a helpful tool () for evaluating whether your use of a given Work might be defensible under the Fair Use doctrine in copyright infringement litigation against CWI and the creator. THIS TOOL SHOULD NOT BE USED AS A SUBSTITUTE FOR LEGAL ADVICE. PERMISSION MUST FIRST BE SOUGHT IN ALL CASES.
Nominal Use: The incidental use of CWI facilities, personnel, equipment, hardware, software, materials, supplies, and/or funds which are customarily available or provided to students, faculty, or staff.
Substantial Use: More than incidental non-reimbursed use of CWI funds, CWI facilities, including but not limited to laboratories, studios, production facilities, or computing facilities, or CWI resources, including but not limited to personnel, equipment, materials, or supplies. “Substantial use” does not include indirect costs or incidental use of personal office space and supplies, telephone, library resources, and ordinary access to personal computer and CWI networks for activities that are permitted under other applicable CWI policies.
Work: Any tangible (which includes all materials found or available online) expression of a creative idea, including literary work, e.g., textbooks, novels,; musical work, including any accompanying words; dramatic work, including any accompanying music; pantomimes and choreographic work; pictorial, graphic, and sculptural work; motion pictures and other audiovisual work (including, e.g., YouTube videos); sound recordings (including, e.g. songs from Pandora or Spotify; songs on the radio; and podcasts); and computer software.
Work for Hire: A Work prepared by an employee within the scope of his or her employment, or Work specially ordered or commissioned pursuant to a signed, written agreement between CWI and an independent contractor that falls within one of the following categories:
Externally-Sponsored Work: One in which an outside sponsor offers support to one or more CWI employees for a project that may result in the production of intellectual property.
Joint Work: Work prepared by two or more individuals, with the intention that their separate contributions be merged into a single, inseparable Work. The copyright in a Joint Work is owned jointly and severally by all authors.
CWI believes that the creation, discovery, and dissemination of knowledge are central to the achievement of its mission. CWI’s community shares both an interest in the protection of intellectual property as a creator of such property and in the authorized use of Works authorized by third persons in the daily pursuit of research, teaching, learning, and public service.
CWI’s faculty and staff desiring to use Works authored by anyone other than a CWI employee are responsible for ensuring compliance with applicable copyright law. Faculty and staff should note that any content not authored by the user may be copyrightable subject matter, the copyright in and to which may be owned by a third-party author and the use of which without the author’s permission may subject the user and CWI to claims of copyright infringement. The presence or absence of a “©” or other indicia of a copyright claim is NOT evidence of an absence of a claim of copyright in the subject work. In the event of genuine doubt regarding the application of copyright law, faculty and staff should consult with their supervisors or respective Dean regarding such matters. CWI does not assume legal responsibility for any independent application of copyright principles made by faculty or staff that are not in good faith or that do not otherwise comply with this policy, or the guidance provided by, or determinations made by individual supervisors or Deans. Permission must be obtained in all instances and exceptions must be approved by the Dean or other supervisor.
Copyright warning notices must be posted at various places where employees, vendors or independent contractors accept orders for copies, and on or near all library or archival equipment capable of duplicating materials and must be visible to anyone using the device. Copying equipment may include but is not limited to photocopying machines, audio and video recorders, scanners, and computers. Libraries and archives are also required to place a copyright warning notice in a form approved by outside counsel on the first page of copies they make for patrons.
The Technology, Education and Copyright Harmonization (TEACH) Act requires faculty teaching in a distance learning environment to post a notice in their course warning students that materials may be protected by copyright. Faculty should include a copyright statement in their syllabi.
Copyrightable materials owned by CWI should contain a copyright notice in the name of the Board of Trustees of the ĢƵ and should include the following notice: Copyright © [Year Created] ĢƵ. All rights reserved.
CWI monitors internet use for copyright violations. Violations of this policy may result in disciplinary action, up to and including termination.
CWI shall have no claim or rights to Individually Supported Works of CWI faculty, staff, and students. Ownership of copyrights to Individually Supported Works shall reside with the creator.
Ownership of copyrights to Scholarly Works shall reside with the creator of the Work unless the Work is Externally Sponsored Work or Work for Hire, in which case the creator hereby assigns and agrees to assign the copyright to CWI. Faculty are responsible for obtaining all permissions necessary to help minimize liability for copyright infringement.
CWI relinquishes (to the creator) ownership and rights to any income generated from intellectual property created with only “nominal use” of CWI resources, as long as the time devoted by the creator does not compromise his or her core responsibilities.
CWI shall own Works created by CWI faculty, staff, or students with “substantial use” of CWI resources in which case the author or inventor, as the case may be, hereby assigns and agrees to assign the intellectual property rights to CWI, unless CWI agrees, in writing, to waive or alter its rights. CWI is responsible for all expenses related to protection, administration and commercialization of intellectual property owned by CWI.
CWI faculty, staff, and students shall have the obligation to disclose in writing their intentions to develop intellectual property that requires “substantial use” of CWI resources and assign title to CWI. Disclosure must be made prior to the start of the project and must be submitted in writing to the supervisor for approval. The creator and the institution should agree before the project begins on the extent of the use of CWI resources, allocation of rights to use the Work, and recovery of expenses and/or division of income received from commercialization of the intellectual property.
Without an express written agreement specifying otherwise, CWI shall own all Work for Hire created by CWI employees within the course and scope of their employment and shall own all copyrights to works made with the substantial use of CWI resources, and all employees assign and agree to assign such to CWI.
CWI shall also own all Work for Hire commissioned pursuant to a written agreement with independent contractors in which the creator assigns and agrees to assign all intellectual property rights in and to authored or invented content, works, or other materials to CWI.
Ownership of Works sponsored by outside agencies is controlled by the terms of the grant or contract which provides the funds in support of the Work. In the case of government contracts or grants, the government may retain the right to duplicate and use the Works for government purposes.
Materials produced under grants from the federal government or other agencies shall be subject to conditions of the contract or grant with respect to ownership, distribution and use, and other residual rights. If CWI support for the project is “substantial,” CWI may declare itself a joint author of the project as a Joint Work and assert its right to ownership and/or a portion of any net proceeds arising from the project. A written contract which clearly specifies the disposition of any property rights arising from the project must be signed by the creator(s), CWI, and the external sponsor before work on the project should begin.
If the project will involve “substantial use” of CWI resources, employees must disclose their agreement with the external sponsor by sending written notification to CWI’s President, who will approve or deny the request within thirty (30) days. Such agreements must be approved by CWI before work on the project commences.
CWI personnel participating in sponsored projects must have a written agreement on file with their immediate supervisor and the Business Office which acknowledges:
Copyright ownership of jointly-originated works shall be determined by separately assessing the category of work, as set forth in this policy, of each creator. Rights between joint owners of a copyright shall be determined pursuant to copyright law.
In some situations, the creator(s) and CWI will share interest in the copyright. Works may be created through the joint efforts of faculty and staff members working within the scope of their employment or others under contract to provide services. Such a Work shall be jointly owned by the faculty author and CWI. In certain circumstances where the parties may not actually intend this result, ownership may be altered by prior written agreement signed by all contributing parties.
Joint authors may choose to cooperate in the commercialization of their Work or to commercialize separately. Joint copyright owners are obligated to share their revenues with each other if they commercialize separately.
If the Work is a compilation, the creator(s) shall retain all ownership interests in the contribution he or she owns pursuant to this Policy, but by allowing, by prior written agreement, his or her work to become part of the compilation, grants a non-exclusive, royalty-free, non- transferable, worldwide license to CWI to use and reproduce his/her contribution for its own educational and administrative purposes.
CWI encourages students to produce intellectual property directly related to course assignments or academic endeavors in their chosen field of study. The copyright to student work produced by a registered student on their own initiative and at their own expense or with only “nominal use” of CWI resources, produced outside any CWI employment, and which is not a sponsored or commissioned work, shall be owned by the creator. CWI shall retain the rights to work created by CWI students within the scope of employment at CWI, work commissioned by CWI, and work created with “substantial use” of CWI resources.
The ownership of student works submitted in fulfillment of course requirements or other academic endeavors in their chosen field shall remain with the creator(s), unless provided otherwise by this Policy or a written agreement. By enrolling in classes offered by CWI, the student gives CWI license to mark on, modify, and retain the work as needed for its instructional and administrative purposes, or otherwise handle the work as set forth in this Policy.
Students must obtain prior written approval from CWI before making “substantial use” of CWI resources. Students must submit a proposal setting forth the type and amount of CWI resources required, ownership and allocation of copyrights, and apportioning the benefits from any commercialization of the work.
Students working collaboratively with CWI employees on projects that result in Works or other intellectual property may be granted co-ownership rights to the Work, if the work qualifies as Joint Work. Unless the student’s contribution constitutes Work for Hire, faculty and staff shall require students to complete a written transfer or assignment of copyright before any student contribution is made to a CWI-owned Work.
Students shall adhere to copyright and intellectual property laws and regulations. Faculty, staff, and other students may not use any student-owned work without the written consent of the creator(s).
Distribution external to CWI may occur either through direct rental, sale, licensing or distribution by CWI or its designee, or through commercial rental, sale, licensing, or distribution by a third party under an agreement for payment of royalties.
Unless otherwise provided in a written agreement between CWI and the creator(s), CWI shall not use and/or distribute Individually-Supported Works.
In the case of Work for Hire and materials created with “substantial use” of CWI resources, CWI may exercise all rights under copyright and intellectual property laws, including external use and distribution. In the case of “commissioned” works, external use and/or distribution of intellectual property shall be preceded by a written agreement between CWI and the creator(s). Unless otherwise provided in a written agreement between CWI and the creator(s), CWI shall not have the right for external use and/or distribution of materials created with “nominal use” of CWI resources.
Ownership and use of intellectual property sponsored by outside agencies is controlled by the terms of the written agreement.
As long as the faculty author is employed by CWI, he or she shall be given “first refusal” rights in making or supervising the revision of instructional materials and distance learning coursework owned by CWI, or at least the right to be consulted in good faith on revisions.
CWI may, at its sole discretion, release its ownership rights in Works to the creator(s) or others. Such release of ownership rights must be contingent on the agreement of the creator(s) that no further effort on, or development of, the work will be made with “substantial use” of CWI resources and that CWI is granted a perpetual, royalty- free, non-exclusive, non-transferable, worldwide license to use and reproduce the work for its own educational and administrative purposes. The transfer must be approved by CWI’s President and secured by an assignment agreement.
If the copyright is held by the creator(s), it is possible for the individual(s) to transfer or assign the copyright, or a more limited license, to CWI or to a third party. Assignment of copyright to CWI must be reflected in a signed document.
CWI may reasonably request that faculty members, when entering into agreements granting the copyright or publishing rights to a third party, make efforts to reserve to CWI a perpetual, royalty-free, non-exclusive, non-transferable worldwide license to use and reproduce the work for its own internal educational and administrative purposes.
Faculty members shall own and receive all royalties that may accrue from the commercialization of electronically published course materials that are created independently or with “nominal use” of CWI resources. Ownership of copyright resides with CWI in case of Work for Hire, works created with “substantial use” of CWI resources, sponsored works, or when a written agreement between the creator(s) and CWI provides for assignment of ownership to CWI.
Electronically published course materials created jointly by faculty authors and others, whose contributions are commissioned as Work for Hire, will be jointly owned by the faculty author(s) and CWI. Any owner of copyright in electronically published course materials may secure copyright registration.
Faculty members normally retain the right to update, edit or otherwise revise electronically-developed course materials that become out of date. If CWI believes a revision is necessary and no timely revision is made or, in CWI’s opinion, a revision that is made does not maintain academic standards, CWI may refuse to market the product, or may employ another person to update the work.
The TEACH Act significantly enhanced digital distance education by expanding the scope of faculty members’ rights to perform and display works and to make copies integral to those performances. CWI faculty who teach in distance learning environments shall familiarize themselves with the provisions and requirements of the TEACH Act, know when they can take advantage of the protections offered by the Act, when they can rely on the Fair Use doctrine, and when they need to secure appropriate licenses or written permissions. Faculty members also need to be aware of the provisions of other statutes that may apply to their activities and special circumstances, such as the Digital Millennium Copyright Act (DMCA) or other applicable law.
Any videotaping, recording, broadcasting, or televising of classroom, laboratory or other instructional activity, and any associated use equipment or media must be approved in advance by the appropriate administrators, who shall determine the conditions under which such activity may occur. All such activities shall have the prior knowledge and consent of the faculty member and must comply with the provisions of applicable federal and state privacy laws, including right of publicity laws. Student recordings for personal use and/or accessibility accommodations do not require approval from administrators. Faculty permission is sufficient.
Recordings that permanently fix the classroom experience in tangible form (regardless of the media in which these materials were created), including but not limited to recordings of classroom lectures and discussions, and multimedia materials that incorporate the contributions of students, will not be made, reproduced, or distributed without the permission of faculty and student participants obtained with a Permission Request Form.
Copyright ownership and title of recordings of courses and course presentations shall belong to the faculty member(s), unless:
No permission is needed from a student for their image or voice to be transmitted live via videoconference or streaming media, but all students should be informed when courses are to be conducted using either method of delivery. If images are to be used for marketing purposes to the broader community, students will be asked to sign a photo release. CWI reserves the right to retain and use recordings of a class or some portions/sessions in future course offerings.
Applies to all CWI records.
Active Record: An Institutional Record currently used by the administrative unit that created or received it.
Administrative Unit: Any department, office, division, or other administrative component of the College.
Archival Records: Documents that have historic value and are not in active use. A document has historic value if it contains information that is of enduring value to the public.
Inactive Records: An Institutional Record that is not in active use but still must be maintained pursuant to the Record Retention Schedule. Inactive Records may be maintained off-site or as determined by IT unless it has historical significance according to the Records Administrator or designee, in which case it will be maintained as an Archival Record.
Institutional Records: Information fixed on any media that is created or received in connection with the administration of CWI’s business. Institutional Records are the property of CWI. Institutional Records exist in a variety of forms, including but not limited to, paper and electronic documents, audio and video recordings, databases, and email. Institutional Records include, but are not limited to, the following categories of records and non-exhaustive examples:
Personal Records: Personal documents or records created or received by faculty and College employees that pertain to their personal affairs and/or their professional careers including but not limited to documents accumulated by an individual prior to employment by the College, materials relating to private activities such as outside business and professional affiliations, and journals and correspondence that are not created or received through conducting College activities or business.
Records Administrator: Operations Program Manager. The designated Records Administrator will conduct annual reviews to confirm the policy is being followed by the respective business areas.
CWI recognizes the value effective records retention guidelines provide in preserving historical data, ensuring critical records are available to meet business needs, complying with legal requirements and optimizing physical and electronic storage by disposing of unnecessary and redundant records.
General Retention Guidelines
Institutional Records should be retained in accordance with the State Board of Education Records Retention Schedule of the Records Management Guide (Revised April 2008) (“Record Retention Schedule”) or as otherwise required to serve the official functions of the Administrative Unit involved. At the end of a retention period, records should be disposed of in accordance with these guidelines.
Institutional Records will ordinarily be kept in the Administrative Unit that created or received the document until the time that they are archived or destroyed. In consultation with and subject to the direction of the Records Administrator or designee, each Administrative Unit head must:
If, after consulting this policy and the schedule set forth in Record Retention Schedule, there exists a question regarding the proper disposition or retention of a particular document or class of documents, or the retention period for any such documents is not included in the Record Retention Schedule, it shall be the responsibility of the Administrative Unit head in possession of the document to determine its proper disposition in consultation with the Records Administrator or designee.
Record retention schedules set forth in state or federal law or which are established by individual program requirements shall supersede Record Retention Schedule.
Archival Records
The Records Administrator or designee determines which records qualify as Archival Records. Administrative Unit heads are responsible for forwarding Archival Records to the appropriate repository upon the expiration of the applicable retention period. Archival Records shall be preserved even though they might otherwise be subject to disposal pursuant to the Record Retention Schedule.
Electronic Records
The same retention guidelines and schedule that apply to tangible Institutional Records also apply to electronic records. Under Idaho law, if a record is required to be retained, the requirement is satisfied by retaining an electronic record of the information where the record (1) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record; and (2) remains accessible.
Litigation Holds
All records pertaining to ongoing or pending audits or lawsuits (including reasonably anticipated lawsuits) should not be destroyed, damaged, or altered, even if the retention period has expired, until the matter has been resolved and employees have been specifically advised in writing that such records may be destroyed. A representative from the Office of General Counsel, the Business Office, Risk Management or Human Resources shall take such steps as are necessary to promptly inform employees of the need to retain any records pertaining to ongoing or pending audits or lawsuits. A litigation hold supersedes any record retention policy or schedule. CWI shall suspend any automatic deletion of electronic records to the extent necessary to ensure compliance with a litigation hold.
Personal Records
Personal records are considered personal property and are not owned by the College, nor are they typically subject to public records law. They should be kept separate from institutional records and generally are not subject to this policy.
Disposal of Records
Tangible Records: Tangible records containing confidential and/or personally identifying information must be shredded before disposal. Non-confidential records should be disposed of by recycling.
Electronic Records: Electronic records containing confidential and/or personally identifying information shall be destroyed or erased so that such information cannot practicably be read or reconstructed. Information Technology shall be responsible for ensuring electronic records or media are deleted pursuant to security standards.