(1) This Procedure outlines the process by which the University may license the use of the content of its coursework degrees to third parties. (2) This Procedure applies only to arrangements through which courseware is delivered by the third party to persons who are not enrolled as La Trobe students. Where agreements involve the delivery of courseware by third parties to La Trobe students, the Educational Partnerships Procedure - Third Party Teaching Arrangements applies. (3) Courseware licensing refers to arrangements whereby courseware is provided on an ongoing basis to a third party provider for a regular fee. Courseware sale refers to arrangements whereby courseware is provided on a one-off basis to a third party provider and no other relationship between La Trobe and the partner is anticipated. (4) A courseware licensing or sale agreement as described in this procedure does not in and of itself include articulation and/or advanced standing into La Trobe award courses for students. Where articulation is to be included in an advanced standing arrangement, the provisions of the Credit Policy apply. (5) Refer to the Educational Partnerships Policy. (6) The licensing or sale of La Trobe University courseware to a third party must be governed by a formal, signed course agreement (hence ‘agreement’). Agreements of this kind constitute a contract between the University and the partner. The University General Counsel is responsible for drafting a standard Courseware Licensing or Sale Agreement template. The template must be used for all agreements. (7) The template is reviewed and approved annually by the relevant signatory according to the University’s Contract Signing Delegations. The current approved template is available from the University’s Academic Quality intranet site. (8) In addition to any requirements outlined in sections below agreements must include, at a minimum: (9) The executed agreement is formally stored in the University’s official records by the University General Counsel, with a copy retained by the Executive Director, Quality and Standards. (10) Agreements of this kind may only be signed by the relevant signatory according to the University’s Contract Signing Delegations, taking into account matters reserved for Council in the University’s delegation framework. Signing authority cannot be delegated. (11) The following documentation must be provided for proposed new agreements as part of the approval process: (12) The following documentation must be provided for proposed agreement renewals as part of the approval process: (13) The relevant College Associate Pro Vice-Chancellor (Academic Partnerships) is responsible for ensuring material for proposed new agreements and agreement renewals is prepared and reviewed prior to signature by the University General Counsel and either the Pro Vice-Chancellor (International) where the partner is located offshore or the Executive Director, Quality and Standards where the partner is located in Australia. (14) The relevant College Associate Pro Vice-Chancellor (Academic Partnerships) is responsible for the ongoing strategic management of all existing agreements and is the primary point of contact for all matters related to the agreement itself. (15) Any variation to the agreement must be made in writing. (16) Where permitted in the original agreement, variations to the agreement may be made by exchange of letters approved by the either the Pro Vice-Chancellor (International) or the Executive Director, Quality and Standards for international or domestic third parties respectively. Letters from the University for this purpose must be signed by the relevant signatory according to the University’s Contract Signing Delegations. Signing authority cannot be delegated. (17) Letters of variation are formally stored in the University’s official records by the University General Counsel, with a copy retained by the Executive Director, Quality and Standards. (18) A variation to an agreement that substantively changes the nature of the agreement and/or the activity conducted under the agreement cannot be made by exchange of letters. (19) A variation that extends the term of the agreement is considered a renewal as outlined in Part A. (20) A standard courseware licensing or sale agreement will not usually include more than the provision of the course / subject curriculum, assessment items and related materials. Agreements may allow for the provision of additional services where the University is adequately compensated for these services. These include, but are not limited to: (21) The College Associate Pro Vice-Chancellor (Academic Partnerships) is responsible for conducting an annual review of compliance with the licensing agreement. (22) Where the agreement allows for the partner’s use of courseware without associated use of the University’s logo, name or brand in the promotion of the course/s, quality assurance must include: (23) Where the agreement allows for the partner’s use of the University’s logo, name or brand in the promotion of the course/s, quality assurance must include: (24) The College Associate Pro Vice-Chancellor (Academic Partnerships) will provide a copy of this review to the Executive Director, Quality and Standards. (25) Nil.Educational Partnerships Procedure - Courseware Licensing Arrangements
Section 1 - Background and Purpose
Section 2 - Scope
Section 3 - Policy Statement
Section 4 - Procedure
Part A - Agreement
Part B - Variations to Agreements
Part C - Additional Services
Part D - Quality Assurance for Licensed Courseware
Section 5 - Definitions
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This is not a current document. It has been repealed and is no longer in force.