Cornell administration plans for eCornell are "entirely consistent" with the recommendations and conditions made for distance learning by the faculty-led Provost's Advisory Committee on Distance Learning, according to a response from Vice Provost Mary Sansalone.
Sansalone's Aug. 3 response to the preliminary advisory committee report outlines the distance learning planning activities that have proceeded over the summer, parallel with the work of the advisory committee. eCornell is proposed to be a legally separate entity that is nonprofit in its mission of education and for-profit in its structure, according to the response. Initial funding for eCornell will come from the university's unrestricted endowment, though no funding has yet been authorized, pending the completion of the faculty review and the business plan.
And on Aug. 10, the University Faculty Committee of the Faculty Senate endorsed both the advisory committee report (which can be viewed at http://asc-www.dayadmin.cornell.edu/Provost.DistanceLearning/DL-PrelimReport-final.html) and the administration response.
Both Sansalone and William Arms, professor of computer science and advisory committee chair, will make presentations to the full Faculty Senate Sept. 13. The Cornell Board of Trustees will meet Sept. 7 to make final business decisions for the separate entity.
"I am looking forward to focusing my efforts on working with Cornell's colleges and units on the development of programs for eCornell," Sansalone said. "Many interesting programs have been proposed already by a number of Cornell's colleges and units, and it is exciting to be moving forward with this challenging and innovative project that promises to bring so many benefits to Cornell University."
In her response to the advisory committee's report, Sansalone noted that during the course of discussions last spring it became "clear that we are creating a hybrid organization -- one that is nonprofit in its mission of education and for-profit in its structure. The challenges are created at the interface between the mission driven parent -- Cornell University -- and eCornell, which shares the mission of its parent, but by necessity has a different structure. There are few such hybrid models to emulate.
"In recognition of the unique nature of the proposed new entity, and in response to many concerns raised by the faculty, the Provost's Advisory Committee, the administration, and members of the board of trustees about the involvement of outside investors, the board, on June 20, made the decision that the initial funding (capital) for eCornell would come from the university's unrestricted endowment."
The Provost's Advisory Committee endorsed two actions: the further development of non-degree programs to be delivered by distance education; and the creation of a separate legal entity to develop and distribute those programs. The endorsements were subject to seven conditions, spelled out in the report issued July 11.
The Advisory Committee's report focused on nondegree distance learning programs. Sansalone noted that since December, colleges and units have proposed a variety of programs for development and delivery by eCornell. All of these proposals have involved nondegree programs in the areas of executive and continuing education.
"Plans for eCornell are entirely consistent with the conditions stated in the report of the Provost's Committee," Sansalone's response read. "The principal issues raised by these conditions are addressed and met by the terms of the draft 'Overarching Agreement.' This document, which was developed by the University Counsel's Office in consultation with outside counsel who is conversant with distance learning matters, defines the relationships between the university and eCornell and describes their respective responsibilities in the development and delivery of distance learning programs. The draft 'Overarching Agreement' was reviewed by the Provost's Advisory Committee during its deliberations this spring and by the University Faculty Committee during its deliberations this summer."
The committee's recommendations and the administration responses are summarized below:
· Academic oversight and strategy.
Recommendation: The new entity should be part of a broader academic strategy for computer-mediated learning and distance education at Cornell. Leadership of Cornell's diverse initiatives in this area is important, and a senior academic officer should be responsible.
Response: eCornell is and has always been viewed as a part of a broader approach to computer-mediated learning. Thus academic oversight for the broad area of distance learning will continue to be the responsibility of the provost. Revenues generated by the delivery of distance learning programs through eCornell will provide funds to support other technology-based teaching and learning activities across the university.
·Faculty control of academic content.
Recommendation: Academic content and standards for each program offered through eCornell should be under the control of the faculty of the college or unit offering the program, and the college or unit's name should be associated with the program.
Response: This is entirely consistent with the "University Responsibilities" section of the Overarching Agreement. This Overarching Agreement has been created to describe the relationship between and define the respective responsibilities of Cornell University and eCornell in the development and delivery of distance learning programs. The Advisory Committee reviewed the draft of the Overarching Agreement.
·Right of First Refusal. (Note: "Right of First Refusal" refers to a policy that applies when distance learning programs are to be developed and delivered through an entity other than Cornell University, but using the Cornell name.)
Recommendation: There should be no requirement that a new distance learning program (or course) be offered to the new entity unless (a) Cornell's name is attached to the program and (b) the Cornell unit involved is considering use of some other commercial entity for comparable services. In such situations, the university may give the proposed new entity the opportunity to convince the unit to work with it rather than with third parties, but, after a period of good-faith mutual exploration, there should be no compulsion to do so.
Response: This is entirely consistent with the current draft of the Overarching Agreement, which states:
"The university agrees that it shall not contract or otherwise partner with any third party for the delivery under the university's name of any distance learning program without first offering to [name of separate entity] the opportunity to offer such program. If the parties are unable to conclude an agreement with respect to the offering within 90 days, the university shall be free to pursue such opportunity subject to approval of the president and the board of trustees."
·On-campus use of distance-learning materials.
Recommendation: The new entity should make all distance-learning materials that it develops available under reasonable terms to the university for use in courses taught to matriculated Cornell students, subject to the intellectual property rights of the Cornell faculty and others involved.
Response: This is entirely consistent with the policies described in the "Retained Rights" section of the draft Overarching Agreement. Conditions for the use of eCornell-developed courseware on campus will be spelled out in an agreement that will be created between eCornell and a college of unit for a particular distance learning program.
·Public contract.
Recommendation: The relationship between Cornell and the separate entity should be defined in a contract. All parts of the contract that concern the academic relationship should be made public.
Response: The draft Overarching Agreement is such a contract. The report of the Provost's Advisory Committee, this response and presentations on plans for eCornell serve to make public those portions of the contract that concern the academic relationship.
·Use of the Cornell name.
Recommendation: The separate entity should offer programs under the name "Cornell," but the entity should not have "Cornell" in its name. The university would license the use of the "Cornell" name, including variants such as "eCornell" or "eCornell.com," for use with specific programs only.
Response: This is entirely consistent with the "Licensing of the University Name and Marks" clause in the draft Overarching Agreement. The separately incorporated entity will be given a name that does not include "Cornell" in its name, but it will have the ability via license to offer Cornell University programs under the name "eCornell."
·Separate agreements for each program.
Recommendation: Each program should have its own written agreement with the separate entity that spells out specifics for the program, including academic oversight, ownership of all course materials, prerequisites, fees, revenue distribution, etc. Agreements for early programs should not create a long-term precedent.
Response: This is entirely consistent with the approach spelled out in the draft Overarching Agreement that calls for an agreement for each eCornell distance learning program to be included in an appendix. An outline for such agreements has been prepared. A signed copy of a completed agreement, together with the Overarching Agreement, will define the working relationship between the unit and eCornell.
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