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      • Western Undergraduate Exchange Form
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      • Reporting a Student of Concern or a Student Conduct and/or Code Violation
      • Title IX/504 Coordinators
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      • Vendor Appointment Request with ITS Leadership
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  4. Instruction - Appendices
  5. Frequently Asked Questions Regarding College Course Materials

Frequently Asked Questions Regarding College Course Materials

The following FAQ was prepared in order to help answer questions about the Governing Board policy on College Course Materials:

What does the new Arizona Revised Statute (§ARS 15-1891) mean to me as a faculty member?

Faculty members or employees in charge of selecting or adopting course materials will need to place orders with sufficient lead time to enable the college bookstore to confirm the availability of the requested materials. (See deadlines below.)

  • Summer: March 15
  • Fall: April 1
  • Spring: October 15

Additionally, faculty members or employees in charge of selecting or adopting course materials need to request the following information from the publisher of course materials:

  • A listing of relevant course materials offered by the publisher and whether each of the course materials are offered in a bundled package or sold separately.
  • The suggested retail price, the estimated wholesale price, or the price that the publisher makes available to the public for the course materials. The publisher may include the time period during which the pricing is applicable.
  • The copyright dates of each previous edition if the copyright dates do not appear in the course materials.
  • A summary of substantive content differences between the current edition of the course materials and the immediate previous edition.

No faculty member or employee of the college shall demand or receive payment, loan, advance, good, or deposit of money present or promised for selecting or purchasing specific course materials required for coursework or instruction, except:

  • Faculty may receive free review copies, complimentary teacher editions, or instructional materials that are not intended to be sold by any faculty, staff, or bookstore;
  • Faculty may receive royalties or other compensation from the sale of course materials that include the faculty member’s own writing or work;
  • Faculty may receive honoraria for academic peer review of course materials;
  • Faculty may receive training in the use of course materials or learning technologies.

A book buyer or vendor of course materials shall not solicit a faculty member or employee for the purpose of selling or trading a free sample copy or complimentary teacher editions provided at no charge by a publisher to a faculty member or employee.

What is a “book buyer?”

A “book buyer” means any person or entity, including a university or college bookstore, engaged in the purchase or sale of course materials.

What does “bundled” mean?

“Bundled” means one or more course materials that are packaged together to be sold as course materials for a single price.

What is a “complimentary teacher edition?”

“Complimentary teacher editions” means a book with information that is meant for the exclusive use of faculty members, commonly labeled as an “instructor edition” or “instruction manual” and that contains answers and solutions, test questions, and pedagogical techniques.

What are “course materials?”

“Course materials” means any textbook or other instructional tool published for the purpose of classroom instruction and used for or in conjunction with a course.

What does “publisher” mean?

“Publisher” means any publishing house, firm, or company that produces course materials.

What does “sample copy” mean?

“Sample copy” means any book that is the same as the regular student edition.

What does “substantive content” mean?

“Substantive content” means portions of a college textbook, including new chapters, additional eras of time, new themes, or new subject matter.

What does “written information” mean?

“Written information” means information provided on print material. Written information included electronic communication or publication on a website.

What does the new Governing Board policy on College Course Materials mean to me as a faculty member?

In compliance with §ARS 15-1891, Maricopa faculty and employees who place orders for course materials shall comply with all of the above (see question #1).

To whom do unsolicited textbooks sent directly to a faculty member (or other employee) belong to?

An unsolicited free review copy, sample copy, or complimentary teacher edition of course materials provided by a publisher at no charge and delivered to the attention of an employee at a college or district location is presumed to be the property of MCCCD. However, the employee may nevertheless assume ownership of such materials if the following conditions are met: (1) the materials are, in the judgment of the employee, pertinent to the employee’s academic discipline or professional responsibilities; and (2) the employee keeps the materials in his or her possession for professional academic use over a period of not less than one year.

To whom do examination copies of textbooks being considered for classroom use belong to?

Examination copies of textbooks considered for classroom use are the property of MCCCD. (See question 11.)

I have heard there are a number of Federal court decisions clarifying that unsolicited materials sent to an individual belong to that individual … how can Maricopa stipulate that unsolicited textbooks sent to Maricopa faculty or employees belong to MCCCD?

It is presumed publishers provide free examination copies to Maricopa employees as a direct result of their role as an employee of the Maricopa Community Colleges. As such, any unsolicited free review copy, sample copy, or complimentary teacher edition of course materials provided by a publisher at no charge and delivered to the attention of an employee at a college or district location is presumed to be the property of MCCCD. However, the employee may nevertheless assume ownership of such materials if the following conditions are met: (1) the materials are, in the judgment of the employee, pertinent to the employee’s academic discipline or professional responsibilities; and (2) the employee keeps the materials in his or her possession for professional academic use over a period of not less than one year.

Can unsolicited and examination copies be sold to book sellers?

No. As these materials are provided for professional academic use and are not intended by the publisher for sale, an employee should at no time sell or trade them to any person or other entity for personal profit. Additionally, the ARS statute says a book buyer or vendor of course materials shall not solicit a faculty member or employee for the purpose of selling or trading a free sample copy or complimentary teacher editions provided at no charge by a publisher to a faculty member or employee.

Can unsolicited and examination copies be traded?

When evaluation copies of textbooks are no longer needed by the employee, the following can be done:

  • Return them to the publisher or publisher’s representative at their expense;
  • Check with the college library to see if they want to add the textbook to their collection;
  • Add the textbook to the department’s lending library for students (if one is maintained); or
  • Transfer the textbook to Surplus Property for proper disposal. An inventory shall be made of all books transferred to Surplus Property.

How should evaluation copies of textbooks be disposed of?

When evaluation copies of textbooks are no longer needed by the employee, the following can be done:

  • Return them to the publisher or publisher’s representative at their expense;
  • Check with the college library to see if they want to add the textbook to their collection;
  • Add the textbook to the department’s lending library for students (if one is maintained); or
  • Transfer the textbook to Surplus Property for proper disposal. An inventory shall be made of all books transferred to Surplus Property.

Is textbook review really within the scope of a faculty member's employment?

Review of a textbook for evaluation for course use is within the scope of a faculty member’s employment. Peer review of academic materials, not being evaluated for course use, can be considered outside the scope of a faculty member’s employment and faculty may be compensated for such.

What does “peer review” mean?

Peer review (also known as refereeing) is the process of subjecting an author's scholarly work, research, or ideas to the scrutiny of others who are experts in the same field. Peer review requires a community of experts in a given field, who are qualified and able to perform impartial review.

When does this policy become adopted?

The Governing Board approved the adoption of this policy on November 25, 2008, Motion No. 9520. This policy instructs faculty members or any other employees who are in charge of adopting course materials to make their requests for information from publishers as detailed in §ARS 15-1891 (see question #1).

Who enforces these policies?

These policies shall be enforced by each employee of the MCCCD. To report any concerns regarding possible abuse of Governing Board policy, administrative regulation or employment standards, contact the Maricopa Concernline at 1-800-447-9819 (www.concernline.maricopa.edu) or the Employee Ombudsperson at 480-731-8084.

Regulations

  • Approval Process
  • Crosswalk
  • Summary
  • Current Proposals
  • 1 Fiscal Management
  • 2 Students
  • 3 Instruction
  • 4 Auxiliary Services
  • 5 Non-Discrimination
  • 6 Board Resources
  • 7 COVID-19 Pandemic Policies
  • Appendices

OPS Questions

For questions regarding regulations, please contact the Office of Public Stewardship at 480-731-8880.

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