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    Adventist University of Health Sciences
   
 
  Nov 19, 2017
 
 
    
2015-2016 Academic Catalog [ARCHIVED CATALOG]

Policies and Procedures



Academic Advising

Academic advising is provided to all Adventist University of Health Sciences’ students. Advisors assist with setting academic goals, interpreting academic policies and procedures, course selection, registration, and personal development. Advisors may refer students to additional resources as needed.

All students are assigned an academic advisor upon acceptance to Adventist University. Students must contact their academic advisor prior to the beginning of each trimester for course selection and approval and to monitor progress toward their educational and career goals.

Academic Appeal

Should a student have an academic grievance concerning a grade or other matters concerning a particular course, he or she should follow the appeal procedure outlined below:

  1. The student should discuss the grievance with the instructor involved no later than five business days after the incident prompting the grievance.
  2. The instructor must respond to the student within five business days of the appeal.
  3. If the grievance is not resolved, a written statement should be submitted to the department chair no later than ten business days after the instructor’s response. The chair will then speak with the instructor involved and reply in writing to the student within five business days of receiving the student’s written statement. In departments where there is a program director, and when it is appropriate, the written statement may be submitted to that individual. The program director will respond within five business days of receipt of the statement. If the matter is not resolved, the student may appeal in writing to the department chair who will respond within five business days.
  4. If a resolution has not been reached, the student may request that all materials concerning the grievance be given to the Office of Academic Administration. This individual will then review the grievance materials and return a written decision within ten business days of their receipt. The decision of the Office of Academic Administration is final.

Should a student have an academic grievance concerning a decision of his or her academic program, he or she should follow the appeal procedure outlined below:

  1. The student should discuss the grievance with the department chair no later than five business days after the decision prompting the grievance.
  2. The department chair must respond to the student within five business days of the appeal.
  3. If resolution has not been reached, a written statement should be submitted to the Office of Academic Administration no later than ten business days after the chair’s response. This individual will then speak with the department chair and reply in writing to the student within ten business days of receiving the student’s written statement. The decision of the Office of Academic Administration is final.

See specific program policies for appeal processes related to clinical learning experiences.

Complaints against specific graduate programs may be referred to the appropriate accrediting body after all internal mechanisms for resolution have been exhausted.

Academic Classification

An Adventist University student’s academic classification is based on the number of credit hours earned including transferred hours.

Freshman

Students are classified as freshmen when they have enrolled and/or successfully completed a minimum of 1-31 credits. Freshmen are limited to lower division courses, except when granted permission by the chair of the department in which the course is being taught.

Sophomore

Students are classified as sophomores when they have successfully completed 32-62 credits.

Junior

Students are classified as juniors when they have successfully completed 63-93 credits and have been accepted to a baccalaureate degree program at Adventist University.c

Senior

Students are classified as seniors when they have successfully completed 94 or more credits and have been accepted to a baccalaureate degree program at Adventist University.

Graduate

Students are classified as graduate students when they have been accepted to a graduate degree program at Adventist University.

Academic Dismissal

A student is subject to academic dismissal when any one of the following occurs:

  • Failing to meet the requirements of the probationary admission status.
  • Failing to achieve a cumulative GPA of 2.00 after being placed on academic probation for two trimesters.
  • Earning a GPA below 1.00 during any trimester.
  • Displaying a high degree of academic irresponsibility in matters of course attendance or class assignments.
  • Displaying a high degree of academic dishonesty (see the Academic Integrity section).

To petition for readmission, see the Readmission after Academic Dismissal section. Please be aware that if readmission is granted, additional admission documents may be required by the Office of Enrollment Services.

Academic Dismissal from a Graduate Program

A student is subject to academic dismissal when any of the following occur:

  • Earning a cumulative GPA below 3.00 during any trimester.
  • Displaying a high degree of academic irresponsibility in matters of course attendance or class assignments.
  • Displaying a high degree of academic dishonesty (See Academic Integrity section).

Academic Placement Testing

Students admitted with less than a 19 composite on the ACT or 910 combined score (Critical Reading and Math) on the SAT will be placed into review courses in English, math, and anatomy. Students have the option to complete academic placement testing for English or math to improve their skills and be allowed to register for more challenging courses. Placement tests may be taken one time and are available at the Center for Academic Achievement. Tests may be scheduled by calling 407-303-7747 x 110-6413.

Math Courses

Students pursuing a non-nursing degree who score less than 19 on the Math section of the ACT or less than 470 on the Math portion of the SAT may take the Compass Placement Test.

 

Compass Placement Test Score Required Course
27 and below MATH 91  
28-39 MATH 105  
40+ MATH 120  
 

English Courses

Students who score less than 19 on the English section of the ACT or less than 470 on the Critical Reading portion of the SAT may take the Compass Placement Test.

 

Compass Placement Test Score Required Course
69 and below ENGL 91  
70-100 ENGL 101  
 

Science Courses

Students who score less than 19 on the Science Reasoning section of the ACT will be required to take BIOL 91  before they can take BIOL 101 .

Academic Probation

A student is placed on academic probation when his or her trimester grade point average falls below 2.00. The student has one trimester to raise his or her GPA above 2.00. At the end of that trimester, the Academic Review Committee will review his or her status (see the Academic Dismissal section). A student on academic probation should not take more than 12 credit hours during the fall and spring trimesters or six credit hours during the summer trimester. Students on academic probation should consult with their assigned advisor regarding strategies for academic success.

Academic Evaluation

The following grading system records students’ achievements and computes their progress:

Grade Quality Points
A 4.00
A- 3.70
B+ 3.30
B 3.00
B- 2.70
C+ 2.30
C 2.00
C- 1.70
D+ 1.30
D 1.00
D- 0.70
F 0.00

Note: Graduate programs do not use the plus or minus designation in their grading systems.

Additional Designations

Grade Explanation
AU Audit
CR Credit Received
DG Deferred Grade1
I Incomplete work2
IP In Progress
NP No Pass
NR No Recorded Grade
P Pass
W Withdrawal from course (no penalty)
WF Withdrawal from course (failing)

1 This designation is given at the initiative of the instructor when he or she is unable to submit a final grade.
2 Students must apply for an incomplete grade prior to the end of the trimester (see the Financial Information  section for charges).

 

Audit Policy

Any student has the option to audit a course. An audited course does not contribute toward grade point average, does not meet degree requirements, and does not count toward residency requirements or financial aid hours. The student may participate in all aspects of a course, but will not receive a grade or trimester credit. A student who registers for an audit must do so within the drop/add period. The designation “AU” will be placed on the transcript for each audited course. Students who wish to audit a professional program course must receive permission from the department chair. The tuition rate for audited courses is listed in the Financial Information  section.

Grade Point Average (GPA)

A student’s grade point average for admission, academic standing, and graduation is based on the quality points assigned to each letter grade. Non-letter grade designations (AU, DG, etc.) do not earn quality points and do not affect the grade point average. Adventist University of Health Sciences uses the following GPA designations:

Trimester GPA

GPA for each term

AS/BS Degree GPA

Adventist University courses that meet specific degree requirements

Adventist University Residency GPA

All courses taken at Adventist University of Health Sciences

CUM GPA

Includes only coursework at Adventist University and does not include transfer credits

Admission GPA

May include credits earned both at Adventist University of Health Sciences and at previously attended institutions (used for University and/or program admission).

Incomplete Policy

An Incomplete (I) is assigned when an approved or extenuating personal circumstance prevents a student who is passing a course from completion of final assignments and other course requirements by the end of the trimester. Circumstances may include, but are not limited to, illness, the death of a family member, a family emergency, program remediation, or extension/interruption of a clinical schedule. Students must request an incomplete grade in writing from the course instructor prior to the end of the course. The instructor determines whether an Incomplete grade is appropriate and submits the completed Request for Incomplete Grade Form to the Office of the Registrar with approval from the department chair.

To change an Incomplete, a student must submit all completed work established by the department. If required work is not completed by the established deadline, the Incomplete will automatically be changed to the grade noted on the Request for Incomplete Grade Form. Students may have up to the end of the following trimester to complete the outstanding assignments. A student who cannot complete course requirements by the specified deadline may request an extension from the instructor and department chair. Incompletes issued for the spring term must be completed by the end of the summer to ensure that the updated grades and hours may be reported to the State so funding may be verified.

Students are assessed a charge for the processing of an Incomplete grade. Refer to Financial Information  in this Academic Catalog.

Pass/No Pass Grade Designation

The Pass (P) grade receives academic credit but no quality points, while a No Pass (NP) grade receives neither credit nor quality points. The P or NP notation does not affect a student’s grade point average. For courses that receive a P or NP as a final grade, a P is designated as equivalent to a minimum grade of “C.”

Academic Honors

Academic Honors List

The Academic Honors List is published each trimester identifying undergraduate students who have:

  • Completed at least 12 hours of college-level work
  • Earned a trimester GPA of 3.00-3.49 with no grade below a “B” (3.00).

Dean’s List

The Dean’s List is published each trimester identifying undergraduate students who have:

  • Completed at least 12 hours of college-level work
  • Earned a trimester GPA of 3.50-3.99 with no grade below a “B” (3.00).

The Office of Academic Administration notifies students selected for this list.

President’s List

The President’s List is published each trimester identifying undergraduate students who have:

  • Completed at least 12 hours of college-level work
  • Earned a trimester GPA of 4.00

The President notifies students selected for this list.

Academic Integrity

Academic integrity is fundamental to the vision and mission of Adventist University of Health Sciences. We place a high value on truth, which implies a corresponding intolerance of academic dishonesty. It is important that all students are judged on their ability, and no student is allowed an unfair advantage over others. Anything which affects the security and integrity of the learning process or diminishes the reliability and quality of a conferred degree is not acceptable. To graduate ethical, skilled professionals and citizens is a desired outcome of the University.

Ethical and Professional Behavior

Students are expected to adhere to the ethical and professional standards associated with their programs and academic courses. Such standards are generally communicated to students by instructors and are available through publications produced by professional organizations. Unethical or unprofessional behavior will be treated in the same manner as academic dishonesty.

Categories of Academic Misconduct

The following document is concerned with students’ actions - not their intentions. Academic dishonesty includes, but is not limited to, the following actions:

Cheating on Examinations

Cheating is using or attempting to use materials, information, notes, study aids or other assistance in any type of examination or evaluation which has not been authorized by the instructor.

Clarification

  1. Students completing any type of examination or evaluation are prohibited from looking at another student’s materials and from using external aids of any sort (e.g., books, notes, calculators, electronic resources, or conversation with others), unless the instructor has indicated specifically in advance that this will be allowed.
  2. Students may not take examinations or evaluations in the place of other persons. Students may not allow other persons to take examinations or evaluations in their place.
  3. Students may not acquire unauthorized information about an examination or evaluation and may not use any such information improperly acquired by others.

Plagiarism

Plagiarism is intentionally or carelessly presenting the work of another as one’s own. It includes submitting an assignment purporting to be the student’s original work, which has wholly or in part been created by another person. It also includes the presentation of the work, ideas, representations or words of another person without customary and proper acknowledgment of sources. Students must consult with their instructors for clarification in any situation in which the need for documentation is an issue. Students will have plagiarized in any situation in which their work is not properly documented.

Clarification

  1. Every direct quotation must be identified by quotation marks or appropriate indentation and must be properly acknowledged by parenthetical citation in the text, in a footnote, or in an endnote.
  2. When material from another source is paraphrased or summarized in whole or in part in one’s own words, that source must be acknowledged in a footnote or endnote or by parenthetical citation in the text.
  3. Information gained in reading or research that is not common professional knowledge must be acknowledged in a parenthetical citation in the text or in a footnote or in an endnote.
  4. This prohibition includes, but is not limited to, the use of papers, reports, projects, and other such materials prepared by someone else.

Fabrication, Forgery and Obstruction

Fabrication is the use of invented, counterfeited, altered or forged information in assignments of any type including those activities done in conjunction with academic courses that require students to be involved in out-of-classroom experiences. Forgery is the imitating or counterfeiting of images, documents, signatures, and the like. Obstruction is any behavior that limits the academic opportunities of other students by improperly impeding their work or their access to educational resources.

Clarification

  1. Fabricated or forged information may not be used in any laboratory experiment, report of research, or academic exercise. Invention for artistic purposes is legitimate under circumstances explicitly authorized by an instructor.
  2. Students may not furnish instructors with fabricated or forged explanations of absences or of other aspects of their performance and behavior.
  3. Students may not furnish, or attempt to furnish, fabricated, forged, or misleading information to University officials on University records or on records of agencies in which students are fulfilling academic assignments (including clinical sites, service-learning, etc.)
  4. Students may not steal, change, or destroy another student’s work. Students may not impede the work of others by the theft , defacement, or mutilation of resources so as to deprive others of their use.
  5. Students may not access or use patient information in ways that violate HIPAA regulations.

Multiple Submissions

Multiple submission is the submission of the same or substantially the same work for credit in two or more courses. Multiple submission shall include the use of any prior academic effort previously submitted for academic credit at this or a different institution. Multiple submission shall not include those situations where the prior written approval of the instructor in the current course is given to the student to use a prior academic work or endeavor.

Clarification

  1. Students may not normally submit any academic assignment, work, or endeavor in more than one course for academic credit of any sort. This will apply to submission of the same or substantially the same work in the same trimester or in different trimesters.
  2. Students may not normally submit the same or substantially the same work in two different classes for academic credit even if the work is being graded on different bases in the separate courses (e.g., graded for research effort and content versus grammar and spelling).
  3. Students may resubmit a prior academic endeavor if there is substantial new work, research or other appropriate additional effort. The student shall disclose the use of the prior work to the instructor and receive the instructor’s permission to use it prior to the submission of the current endeavor.
  4. Students may submit the same or substantially the same work in two or more courses with prior written permission from all faculty involved. Instructors will specify the expected academic effort applicable to their courses, and the overall endeavor shall reflect the same or additional academic effort as if separate assignments were submitted in each course. Failure by the student to obtain written permission from each instructor shall be considered a multiple submission.

Complicity

Complicity is assisting or attempting to assist another person in any act of academic dishonesty.

Clarification

  1. Students may not allow other students to copy from their papers during any type of examination.
  2. Students may not assist other students in acts of academic dishonesty by providing material of any kind that one may have reason to believe will be misrepresented to an instructor or other University official.
  3. Students may not provide substantive information about test questions or the material to be tested before a scheduled examination unless they have been specifically authorized to do so by the course instructor. This does not apply to examinations that have been administered and returned to students in previous trimesters.

Misconduct in Research Endeavors

Misconduct in research is a serious deviation from the accepted professional practices within a discipline or from the policies of the University in carrying out, reporting, or exhibiting the results of research or in publishing, exhibiting, or performing creative endeavors. It includes the fabrication or falsification of data, plagiarism, and scientific or creative misrepresentation. It does not include honest error or honest disagreement about the interpretation of data.

Clarification

  1. Students may not invent or counterfeit information.
  2. Students may not report results dishonestly, whether by altering data, by improperly revising data, by selective reporting or analysis of data, or by being grossly negligent in the collecting or analysis of data.
  3. Students may not represent another person’s ideas, writing, or data as their own.
  4. Students may not appropriate or release the ideas or data of others when such data have been shared in the expectation of confidentiality.
  5. Students may not publish, exhibit, or perform work in circumstances that will mislead others. They may not misrepresent the nature of the material or its originality, and they may not add or delete the names of authors without permission.
  6. Students must adhere to all federal, state, municipal, and University regulations for the protection of human and other animal subjects.
  7. Students may not conceal or otherwise fail to report any misconduct involving research, professional conduct, or artistic performance of which they have knowledge.

Computer Misuse

Use of computers that is disruptive, unethical, or illegal use of the University’s computer resources, including any actions which violate the ADU Student Computer Use Policy is prohibited. Misuse of computers also includes disruptive, unethical, or illegal use of the computers of another institution or agency in which students are performing part of their academic program.

Clarification

  1. Students may not use the University computer system in support of any act of plagiarism.
  2. Students may not monitor or tamper with another person’s electronic communications.
  3. Students may not use University computer resources to engage in illegal activity, including but not limited to the following: illegally accessing other computer systems, exchanging stolen information, and violating copyright agreements which involve soft ware or any other protected material.
  4. Students may not use any University computer as a host system for any unauthorized service or application.

Misuse of Intellectual Property

Misuse of intellectual property is the illegal use of copyright materials, trademarks, trade secrets, or intellectual properties.

Clarification

  1. Students may not violate the University policy concerning the fair use of copies. This policy can be found in the ADU Academic Catalog.

Policies and Procedures for Dealing with Academic Misconduct

Students suspected of academic misconduct, whether acknowledging involvement or not, shall be allowed to continue in the course without prejudice pending completion of the disciplinary process. If the instructor must submit a final course grade before the case is resolved, then the student should be given an “Incomplete,” which will not affect his or her GPA.

  1. An instructor or other staff member who suspects a student of academic misconduct or receives a complaint alleging misconduct that raises suspicion may consult the Office of Academic Administration to learn whether there is any record of prior academic misconduct. The instructor will inform the student in writing within seven (7) days of discovering the misconduct. The instructor will include in the letter that he or she desires to meet with the student to discuss the allegation. The student must respond within seven (7) days from the date of the letter.
  2. The instructor reviews all evidence, interviews any witnesses, and meets with the student to discuss the allegation and to hear the student’s explanation. The student may have an Adventist University faculty or staff member of his or her choice present at the meeting with the instructor, if he or she chooses. The instructor then makes a decision regarding the allegation.
  3. If the student does not respond to the notification within seven (7) days, the instructor continues with the investigation and report without the student’s input.
  4. If the instructor determines that the student has not violated the policy, the student will be notified in writing within seven (7) days of the meeting with the instructor, whether or not the student responded.
  5. If the instructor determines that the student has violated the policy, the instructor completes the Academic Integrity Report Form (AIRF) within five (5) days of the initial meeting with the student or from the end of the student’s seven (7) day response period. The student then has five (5) business days to respond and to attend a formal meeting with the instructor.
  6. If the student fails to respond, the instructor completes the Academic Integrity Report Form and imposes a final academic sanction which may include referring the matter to the Office of Academic Administration.
  7. If the student responds, the student is given the AIRF and is asked to initial and sign the appropriate response. The student may have an Adventist University faculty or staff member of his or her choice present at the meeting with the instructor, if he or she chooses.
  8. A copy of the AIRF is given to the student (if he or she responds), Academic Administration, and the Department Chair. A copy is also given to the University Disciplinary Committee, if the matter is referred to them.
  9. If the instructor takes no action within (5) five days of meeting with the student, the allegations will be considered dismissed.

The disciplinary authority of Adventist University of Health Sciences is vested in the President, those asked by the President to act on his or her behalf, and in the committees and administrators of Adventist University for whom jurisdiction may be conferred for specific cases or specific areas of responsibility.

If violations of academic integrity come to light subsequent to a student’s graduation from the University, the instructor, program director, or department chair may make recommendations for disciplinary action to the Office of Academic Administration. This action may include nullification of the degree awarded. Decisions of this nature may be appealed to the President of the University.

Disciplinary Sanctions for Academic Misconduct

Sanctions will be imposed according to the severity of the misconduct. Multiple sanctions may be imposed should the behavior call for the imposition of a more severe penalty. In all cases, the University reserves the right to require counseling or testing of students as deemed appropriate. Definitions of disciplinary sanctions include the following:

  1. Academic action
    May include altering a grade or assigning a failing grade for the assignment, examination, or course.
  2. Disciplinary report
    All academic misconduct and sanctions are recorded on an Academic Integrity Report Form, which is kept on file with the Office of Academic Administration for the duration of the student’s attendance at the University. If academic misconduct reoccurs, the report will be taken into consideration in determining further sanctions.
  3. Restitution
    Students are required to compensate the University or other persons for damages, injuries, or losses. Failure to comply could result in suspension or dismissal.
  4. Probation
    There may be specific restrictions or extra requirements placed on the student for a specified period. These may vary with each case and may include action not academically restrictive in nature, such as restriction from participation in University activities or other requirements. Disciplinary action should be consistent with the philosophy of providing constructive learning experiences as a part of the probation. A student may be required to meet periodically with designated persons. Any further misconduct on the student’s part during the period of probation may result in disciplinary suspension or dismissal.
  5. University suspension
    Suspension prohibits the student from attending the University. It prohibits the student from being present on specified University-owned, leased, or controlled property without permission for a specified period of time. Students placed on University disciplinary suspension must comply with all suspension requirements. A student seeking to attend the University after the conclusion of his or her suspension may apply for readmission to the University.
  6. University dismissal
    Dismissal permanently prohibits the student from attending classes at the University and permanently prohibits the student from re-enrolling at the University.

Resources

The following institutions’ policies were the sources referred to for guidance in the creation of the Adventist University Academic Integrity Policies and Procedures for Dealing with Academic Misconduct:

  • The University of Central Florida
  • The University of Cincinnati
  • The University of New Orleans
  • Rutgers University
  • Iowa State University
  • Central Michigan University

Intellectual Property Policy

Section I:  Intellectual Property Policy: Scope, Administration and General Policy

1. Purpose and Scope of the Intellectual Property Policy.

   1.1 Policy Purpose Overview.

Adventist University of Health Sciences (“ADU” or “University”), a Seventh-day Adventist institution, specializes in the education of professionals in healthcare.  Service-oriented and guided by the values of nurture, excellence, spirituality, and stewardship, the University seeks to develop leaders who will practice healthcare as a ministry. This philosophy is based on the idea that true wellness is not achieved through medical care alone, but through healing relationships that speak to peoples’ minds, bodies, and souls. This mission and philosophy underpins each course of study in our associate, bachelors, masters, and doctoral programs and this Intellectual Property Policy (“Policy”).  This Policy clarifies the rights and responsibilities of ADU and ADU Community Members with respect to the creation, use, disclosure, and commercialization of Intellectual Property to advance the University’s mission and benefit the public. 

   1.2 Scope of Policy.

The Policy is divided into two sections.  Section I addresses the general scope, workings, and administration of the Policy.   Section II addresses specific issues related to Copyrights and works of authorship.

   1.3 Policy Revisions and Other Policies. 

ADU may update and revise this Policy from time to time without requirement of notice to any ADU Community Members or third parties.  ADU will publish the Policy in the appropriate handbooks or on the ADU website.  This Policy is intended to work in connection with other policies and procedures of ADU, including without limit, the Student Copyright Policy, the Academic Integrity Policy, and the Copyright Policy.    Terms with initial capitals have the meaning ascribed in this Policy.

2. Definitions.

    2.1 “Academic Works” means “any works of authorship created by ADU Community Members of an academic nature or for scholarly publication, such as CourseWork, academic articles, peer reviews, research reports, and other writings of an academic or scholarly nature.  Academic Works shall exclude ADU commissioned works, contributions to Institutional Works, and works created by ADU employees for use in ADU Courses and curriculum.”
    2.2 “ADU Intellectual Property” or “University Intellectual Property” means “any and all Intellectual Property that fits with in the classes and categories defined in Section I.8.1.”
    2.3 “ADU Inventions” or “University Inventions” means “any and all inventions created, made, developed, discovered, or reduced to practice by ADU Community Members qualifying as Creators, excluding Creator Pre-Existing IP, or inventions otherwise owned, controlled, licensed, or acquired by ADU for use by or within the ADU Community or for license, distribution, sale to, or use by third parties.”
    2.4 “ADU Community” or “ADU Community Members” means “all members of the ADU community, including, without limit, employees, staff, Faculty, students, and volunteers.”
    2.5 “ADU Resources” means “any ADU equipment, facilities, computers, networks, devices, materials, or funds, and projects funded, sponsored, or undertaken under the auspices of ADU.”
    2.6 “ADU Software” means “all software and tools, including all source code, object code, modules, tools, data and other files, and all documentation associated with the software, created for ADU by ADU Creators for the operation of ADU or for the provision or delivery of any ADU Courses or Course Content.”
    2.7 “ADU Works” or “University Works” means “all copyrighted works that are: (i) owned, acquired, or controlled by ADU; (ii) created for ADU by ADU Community Members that are commissioned by ADU and identified to be owned by ADU by agreement or by Section I.8.1, (iii); licensed by ADU for use in the ADU Community; or (iv) comprised of ADU Course Content.”
    2.8 “Biological Samples” means “material derived from a living, or once-living, organism.”
    2.9 “Collaborative IP” means “all Intellectual Property that results from any collaboration or joint development agreement between or among ADU, ADU Community Members, and/or any individuals, entities, or associations that are not part of the ADU Community, including, without limitation, joint research projects, joint development agreements, alliances, and joint ventures.”
    2.10 “Community Member Intellectual Property” means “all Intellectual Property owned or controlled by an ADU Community Member, including all Pre-existing IP, and Intellectual Property in which an ADU Community Member is a Creator but which does not qualify as ADU Intellectual Property.”
    2.11 “Copyrights” means “original works of authorship that have been fixed in a tangible medium and qualify as copyrightable subject matter and for copyright protection, including, without limit, all literary works, photographs, architectural works, software, works of visual art, motion pictures and other audiovisual works, musical works, dramatic works, sound recordings, Online Course Content, Course Content, and Academic Works; and all copyright registrations thereof.”
    2.12 “Course” means “any course offered by ADU, including in person courses, Online Courses, and any other courses delivered by any method now known or later developed.”
    2.13 “Course Content” means “any content that is embodied in or presented, performed, or displayed in any ADU Course, and shall include all aspects of the curriculum as it relates any particular course, including the course outline, syllabus, lectures, audio and video recordings of lectures or class sessions, materials presented in a classroom session, materials posted online or otherwise provided for use by students, messaging and chat, textbooks, problem sets, outlines and summaries, class notes, and all websites and related social media for such ADU Course.”
    2.14 “CourseWorks” means “any notes, papers, outlines, projects, tests, homework sets, or other work product created by a student as part of an ADU Course in which the student is enrolled at the University.”
    2.15 “Creators” means “any persons or entities who author, create, make, develop, discover, or reduce to practice any Intellectual Property that is created for, or on behalf of ADU, arises from or relates to any ADU Institutional Activities; comprises any Course Content, Online Course Content, or ADU Course; or uses Substantial ADU Resources”
    2.16 “Educational Technologies” means “any software or technology used to deliver Courses and Course Content, including Online Courses, Online Course Content, and other courses, and to otherwise provide any educational Institutional Activities.”
    2.17 “Intellectual Property” means “all (i) Copyrights; (ii) Trademarks; (iii) Patents; (iv) domain names, URLs, and websites, and all data, content, “look and feel”, and operating and underlying code or software of all websites; (v) Trade Secrets and Know-How; (vi) Biological Samples; (vii) data; (viii) worldwide statutory protection obtained or obtainable on all of the foregoing; (ix) rights to enforce, enjoin, or litigate any claims, judgments, causes of action, or other legal and equitable rights and remedies arising out of or related to any infringement, misappropriation, or violation of any of the foregoing; and (x) right, title, and interest to claim royalties, residuals, damages, and other remuneration for use of any of the foregoing.”
    2.18 “Institutional Activities” means “any activities undertaken by or on behalf of ADU, or relating to ADU’s mission or business, including, without limit, all creation, licensing, and commercialization of any ADU Intellectual Property, products, devices, equipment, processes, journals, websites, and social media; ADU Courses and ADU Course Content; and all clinical and research projects, events, symposiums, colloquiums, seminars, and conferences.”
    2.19 “Institutional Works” means any works created as a part of or in association with Institutional Activities, including, without limit, any software with commercial applications or intended for use in commerce or operation of ADU or any ADU projects, clinical or research studies or reports produced pursuant to grants or contracts or with Substantial ADU Resources, and ADU projects that are authored, created, or provided for commercial or research reporting purposes, but excluding Academic Works produced and published for scholarly, non-commercial purposes.”
    2.20 “Online Course” means any ADU Course offered online or through any computer, phone or other communications network, device, platform, or other method for distance learning or time shifting of a Course or portions thereof, whether now known or later developed.
    2.21 “Online Course Content” means “any and all content that is embodied in, incorporated into, posted in association with, presented, performed, or displayed in any ADU Online Course and all websites and social media related to an ADU Online Course.”
    2.22 “Patents” means “invention disclosures, inventions, patent applications, patents, including all methods, business methods, processes, machines, manufactures, systems and compositions of matter, designs, and any other inventions that may be the subject matter of patent protection, all worldwide statutory or other legal protection obtained or obtainable therein, and all other published and granted patents, pending applications, provisional applications, reissues, divisional applications, renewals, extensions, continuations and continuations-in-part, design patents, and industrial design registrations, including such patents and rights identified under the U.S. Patent Act (35 U.S.C. §101 et seq.).”
    2.23 “Pre-Existing IP” means “Intellectual Property created by an ADU Community Member prior to the beginning of employment or association with ADU and Intellectual Property that can be documented with written evidence as having been created prior to employment, association with ADU, or any work on ADU Institutional Activities, and which does not otherwise qualify as ADU Intellectual Property.”
    2.24 “Substantial ADU Resources” means “ADU Resources that are not ordinarily available to most ADU Community Members, such as laboratory equipment, specialized software, or special funding. Substantial ADU Resources shall not include personal office space, personal office equipment, office computer workstations, standard productivity software, or computer networks.”
    2.25 “Trademarks” means “trademarks, service marks, brand names, trade dress, trade names, designs, and any other word, symbol, device, product configuration, slogan, or any combination thereof used to distinguish or identify goods or services that may be the subject matter of trademark protection, including all worldwide applications and registrations therefore, and associated goodwill, including such rights identified under the Lanham Act and state trademark statutes.”
    2.26 “Trade Secrets and Know-How” means “proprietary information trade secrets, proprietary information, data, and knowledge and experience of a technical, commercial, or administrative nature, including all know-how, information processes, operating, maintenance and, other manuals, data and databases, computer programs  and related documentation, design specifications, flowcharts, operational and other plans, schematics and drawings, customer data and lists, advertising, marketing, product concepts and campaigns, and other valuable or proprietary information or data.”

3. Overall Scope and Principles of Intellectual Property Policy.

As a starting point, this Policy embodies ADU’s commitment to respect the Intellectual Property rights of all Intellectual Property owners.  ADU expects ADU Community Members to do likewise.  ADU will not knowingly infringe the valid Intellectual Property rights of others.  ADU will seek permissions and licenses for valid Intellectual Property owned or controlled by others whenever educational, business, and legal considerations support the need for such licenses.

This Policy embodies ADU’s commitment to comply with relevant Intellectual Property laws, educate the ADU Community, and provide a framework for addressing complex Intellectual Property questions and issues.  The Policy provides guidelines and tools regarding Intellectual Property and governs ADU’s and ADU Community Members’ creation, use, disclosure, licensing, and distribution of Intellectual Property and materials and objects embodying and protected by different types of Intellectual Property rights.  This Policy addresses various types of Intellectual Property that are authored, made, and created by ADU Community Members involved in education, research, teaching, scholarly publishing, and other Institutional Activities. 

3.1 Key Principles for IP Policy

 This Policy is informed by several key principles.

    3.1.1     Except as specified for limited types of Intellectual Property that are identified in this Policy to be owned by Creators, such as Academic Works and Creator Pre-Existing IP, Intellectual Property authored, made, created, developed, discovered, or reduced to practice by an ADU Community Member in his or her role as an ADU employee in the scope of employment, while engaged in Institutional Activities, or while using Substantial ADU Resources shall be owned by ADU either as a work made for hire or by assignment by the Creator.
    3.1.2     An ADU Community Member shall not sell, license, or otherwise commit or dispose of in a personal capacity Intellectual Property he or she may author, make, create, develop, discover, or reduce to practice in his or her capacity as an employee, in connection with Institutional Activities, or using Substantial ADU Resources, unless and until such Intellectual Property is approved by the ADU Intellectual Property Committee to be owned by the ADU Community Member in accordance with this Policy.
    3.1.3     An ADU Community Member shall not sign and enter into any confidentiality agreement, license agreement, research agreement, or any other agreement that may restrict, commit, impair, or affect ADU Intellectual Property or otherwise bind ADU with respect to ADU Intellectual Property without authorization from the University president.

 

4. Types of Intellectual Property

This Policy addresses the ownership and use of the following types of Intellectual property with emphasis on Copyrights and Patents.

    4.1 Inventions and Patents Inventions can include useful articles of manufacture, devices, machines, systems, compositions of matter (e.g., novel biological material or a pharmaceutical), processes (e.g., surgical processes), designs, and software.  An invention, as defined in patent law, must be able to be described in sufficient detail that it could be made or practiced by a person having skill in that area of technology, but need not have been actually constructed. 

A patent is a property right granted by the U.S. government through the United States Patent and Trademark Office (“USPTO”) to the inventor or the first inventor to file a patent application after the inventor meets all of the requirements of patentability under the U.S. patent law.  Patent protection is obtained internationally by filing patent applications directly in other countries or by using regional or treaty-based filing conventions around the world. An invention must be “useful,” “new,” and “non-obvious” in order to obtain utility patent protection under U.S. law. A patent enables the patent owner to prevent others from practicing the patented invention and thus may have significant commercial value.  Activities and publications of the inventor or others (such as prior art, or sale or disclosure by the inventor prior to filing a patent application or for a period of time beyond any grace period under the law) may prevent an invention from obtaining patent protection.

Utility patents have a limited, non-renewable term, typically 20 years from the date of filing a patent application.  Design patents, which cover the ornamental aspects of an article, and plant patents, which cover asexually reproduced plants, have a term of 14 years.  Thus, zealous and timely efforts towards identification, protection, and appropriate commercialization of Patents benefit all participants in the process.   

    4.2 Trademarks.  A Trademark serves to identify to consumers and the public a source of origin of particular goods and services, and to distinguish the goods and services from those of other providers.  In the United States, trademark rights are gained through use (called “common law trademark rights”) and/or by registration at the state and/or federal level in the USPTO.  A trademark that is registered with the USPTO is identified by the symbol “®”; an unregistered trademark can be identified by the symbol “™”; and an unregistered service mark can be identified by the symbol “SM”.  Trademark protection is also available by filing trademark applications in other countries or through treaty-based filing conventions such as the Madrid Protocol around the world.

This Policy does not supersede or address any existing ADU Trademark or brand usage policies. Use of ADU Trademarks are also governed by the ADU Visual Style Guide.

    4.3 Copyrights.  Copyright protection provides a set of exclusive rights granted to the author or creator of an original work of authorship, including the right to copy, distribute, publicly perform, publicly display, and make derivative adaptations of the work. Copyright does not protect ideas, only the expression of ideas. In most jurisdictions copyright arises upon fixation and does not need to be registered.  Works should be labeled as copyrighted with the use of the “©” symbol, followed by the owner and year of publication, plus the words “All rights reserved.”

Examples of works susceptible of copyright include books, research papers, software, instructional videos, Course Content, Online Course Content, and other content used on the Internet.

In general, the person who actually creates a work is the legally recognized author of that work. But U.S. copyright law holds that if a work is “made for hire,” the employer, and not the employee, is considered the legal author. Works created by an employee in the scope of his or her employment are considered works made for hire. Other works can also qualify as a works made for hire if a written agreement defining the works as such is entered into prior to the conception of the works.

For the creation of works subject to copyright by third parties, ADU will have as its general policy to have written agreements identifying qualifying works as a “work made for hire” to be owned by ADU or containing written assignment of copyright rights to ADU, unless the copyright in certain works are identified and approved by ADU to be owned by the third party.  

A fuller discussion of Copyrights and  ADU’s policies related to Copyrights and the use and commercialization of Copyrights owned or controlled by ADU, both ADU Copyrights and those of third parties,  is provided in Section II of this Policy and the ADU Student Copyright Policy

    4.4 Trade Secrets and Know-How.  A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information that is not generally known or reasonably ascertainable by which a business can obtain an economic advantage over competitors or customers.  Generally, a trade secret is information that is not generally known to the public, confers some sort of economic benefit on its holder, and is the subject of reasonable efforts to maintain its secrecy.  State law governs trade secrets.  In Florida, trade secrets are governed under Title XXXIX, Chapter 688, of the Florida Statutes.

Know-how is closely held information in the form of unpatented inventions, formulae, data, designs, drawings, procedures, and methods, together with accumulated skills and experience.  Know-how can confer a competitive advantage to its owner. The inherent proprietary value of know-how lies embedded in the legal protection afforded to trade secrets in general law.

Policies, practices, and procedures to maintain ADU Trade Secrets and Know-How in reasonable secrecy are contained in the ADU Confidentiality Policy.  

    4.5 Software.  Software is a collection of computer code and related data that provides instructions to a computer. Program software performs the function of the program it implements.  Examples of computer software include application software (end-user applications of computers such as word processors or video games); programming languages that define the syntax and semantics of computer programs; system software such as operating systems, which govern computing resources; firmware, low-level software often stored on electrically programmable memory devices; device drivers, which control computer hardware such as disk drives, printers, optical drives, or computer monitors; and programming tools that help conduct computing tasks in any category listed above.

The source code of software is protected by copyright.  The functional aspects of software can also be protected by patents. 

This Policy addresses broadly ADU’s development and subsequent use or licensing of software (and related hardware) developed by or on behalf of ADU, including source and object code and other related documentation and materials.  This Policy does not address certain use aspects related to software and hardware such as a network access or licensing of software from third parties, which are addressed in the ADU Student Computer Use Policy and the ADU Staff/Faculty Computer Use Policy.

    4.6 Data.  Data include research results in a tangible form.  Data can also include proprietary ADU information such as course records, patient files, pharmaceutical records, and financial records. ADU recognizes the value of data created in activities that would qualify as Institutional Activities and result in ADU Intellectual Property, and such data will be included in this Policy.  This Policy is in addition to and meant to complement ADU patient data policies.
Biological Samples.  A biological sample is material that has been derived from a living, or once-living, organism.  Examples include tissue samples, cell cultures, and biological molecules. Such biological samples may be regulated by ADU research policies.

Patients and human subjects may have ownership interests in their tissue and other bodily samples.  Issues pertaining to ownership of human samples are beyond the scope of this Policy, which neither transfers nor seeks to transfer ownership of these samples.  These issue are addressed in a separate policy.

5. Administration of the Policy

    5.1 Responsibilities of the ADU Intellectual Property Committee.  ADU shall establish an Intellectual Property Committee appointed by the President.  The Intellectual Property Committee shall have the primary responsibility for the administration of this Policy.  The Intellectual Property Committee shall address questions relating to the creation, use, ownership, and licensing of Intellectual Property in consultation with ADU legal counsel.  The Intellectual Property Committee shall also initially address internal disputes arising under this Policy, including disputes regarding ownership or use of Intellectual Property and the distribution of licensing income for ADU Intellectual Property. 
    5.2 Obligations to Third Parties under Grants and Contracts.  Certain Intellectual Property used or created at ADU is subject to or related to the terms and conditions of grants, contracts, and other agreements entered into by ADU and third parties, including, but not limited to, the U.S. government and other research sponsors.  This Intellectual Property may be governed by sponsored research agreements, material transfer agreements, license agreements, federal grants, and contracts.

The Intellectual Property rights of ADU and ADU Community Members under this Policy shall be subject to any applicable conditions and any rights granted to third parties pursuant to grants and/or agreements undertaken by ADU.  ADU shall retain the right to perform its obligation with respect to Intellectual Property under all such agreements. 

6. Persons Covered by This Policy

This Policy is intended to apply to all ADU Community Members, including ADU employees and those non-employees who are involved in ADU Institutional Activities; who perform work under the direction, funding, or auspices of ADU, through a contract or agreement with ADU, or in concert with ADU employees; or who create or use ADU Intellectual Property, ADU Resources, or those of ADU industry partners.

    6.1 ADU Employees.  This Policy covers all persons who are employed by ADU, including, but not limited to, the following employee categories:

6.1.1.     Faculty.   “Faculty” means “ADU full-time faculty, adjunct faculty, full-time clinical faculty, and clinical supervisors.”   
6.1.2.     Technical, Educational, and Research Staff.  “Technical, Educational, and Research Staff” means “scientists, research nurses, graduate students or other students working under research contracts or employment agreements for ADU or on ADU research projects or as teaching assistants or lab assistants, technicians, engineers, information technology staff, and lab technicians and equipment operators.”
6.1.3.     Administrative Staff.  “Administrative Staff” means “ADU personnel employed in the fields of administration, management, finance, human resources, assistants, and clerical work.” 

    6.2 Non-employees.  This Policy covers all non-employees or entities who are involved in the ADU Community in activities that create or use ADU Intellectual Property, qualify them as Creators, or involve them in Institutional Activities that involve ADU Intellectual property, including, without limit, conducting work or research on behalf, at the direction, or under the auspices of ADU; taking ADU Courses; and using ADU Resources or ADU Intellectual Property.  These covered non-employees include the following categories;

 6.2.1.     Students enrolled as ADU students or taking any ADU Courses whether for credit or audit;
 6.2.2.     ADU contractors, agents, and consultants;
 6.2.3.     Industry representatives (e.g., pharmaceutical representatives); and
 6.2.4.     Individuals providing volunteer services for, on behalf of, or on the premises and facilities of ADU. 

7. Responsibility of ADU Community Members for Compliance with the Policy

All ADU Community Members shall be responsible for reading, understanding, and complying with this Policy.All ADU Community Members, by continued employment or involvement in ADU Institutional Activities, agree to be bound by this Policy.ADU Community Members who are responsible for or supervisors of projects in which ADU Intellectual Property are likely to be created shall address with all participants in advance how this Policy affects rights relating to the ADU Intellectual Property.  ADU provides Faculty and staff with the Academic Catalog and access to resources that assist in assessing appropriate use of Intellectual Property.  Students should consult the Student Copyright Policy and applicable sections of the Student Handbook.  Faculty should also consult the Faculty Handbook.  Faculty and students should consult the Academic Integrity Policy and citizenship issues.

ADU Community Members shall take all reasonable and necessary steps and actions requested or required by ADU to give effect to all intentions, requirements, and obligations of this Policy.  Such actions may include, without limitation, execution of an employee intellectual property agreement or other documents as requested and other actions that impact or effectuate ownership and rights in ADU Intellectual Property. 

ADU Community Members shall be held accountable and may be subject to appropriate discipline in accordance with ADU policies and procedures for disregarding or failing to follow this Policy.  A failure by an ADU Community Member to take reasonable and necessary steps or actions as required shall not affect the applicability of this Policy. 

 

8. ADU Intellectual Property - Rights of the University.

ADU shall acquire ownership of Intellectual Property in various ways, including authoring, creation, invention, or reduction to practice by Creators, Intellectual Property resulting from Institutional Activities and projects, and Intellectual Property rights acquired by acquisition, donation, or exclusive license.  Generally, unless specifically excluded or otherwise addressed in this Policy, all Intellectual Property that meets the definition of “ADU Intellectual Property” shall be considered ADU Intellectual Property to be owned or controlled by ADU.  The following defines the classes and categories of ADU Intellectual Property. 

     8.1 ADU Owned Intellectual Property.  Subject to any exclusions noted in this Policy and excluding Pre-existing IP, ADU shall own Intellectual Property that meets any of the following criteria:

8.1.1.     All Intellectual Property created, authored, made, developed, invented, or reduced to practice by ADU Community Members, whether solely or jointly with others, that is within the scope of the Creator’s employment at ADU, including for copyrighted works, works authored by an ADU employee in the scope of his or her employment or any other works that qualify as works made for hire under the Copyright Act;
8.1.2.     All Intellectual Property created, authored, made, developed, invented, or reduced to practice by ADU Community Members, whether solely or jointly with others, on ADU employee time or with use of Substantial ADU Resources;
8.1.3.     All Intellectual Property created, authored, made, developed, invented, or reduced to practice by ADU Community Members during any ADU sponsored or funded projects;
8.1.4.     All Intellectual Property created, authored, made, developed, invented, or reduced to practice by ADU Community Members, whether solely or jointly with others, that is created under or otherwise subject to any grant, contract, or other arrangement between ADU and a third party, such as the federal government, a foundation, or a corporate research sponsor, where the terms of the agreement provide for ADU ownership of the Intellectual Property, whether by assignment or as a work made for hire for qualifying copyrighted works;
8.1.5.     All Intellectual Property commissioned for creation by ADU or for use at ADU in ADU Courses or Institutional Activities, including but not limited to Course Content or Online Course Content; and
8.1.6.     All Intellectual Property owned by ADU that is acquired by acquisition, bequeath, or donation.

    8.2 Specific Copyrighted Works.  Discussion of particular copyrighted works or works of authorship, including Course Content, Academic Works, and ADU Software, may be found in Section II of this Policy.
    8.3 ADU Enforcement of ADU Intellectual Property Rights.  ADU will control the rights to assert and enforce its ADU Intellectual Property against third parties, including conducting litigation or licensing activities.  ADU Community Members shall cooperate with ADU in such enforcement, including such activities under Section I.7.
    8.4 Attribution for and Acknowledgment of Creator.  Where the University owns the Intellectual Property in a work, it may, in its sole discretion, acknowledge Creators (including Creators of works made for hire) who have made a substantial creative contribution to the work. ADU will name and identify inventors of Patents in accordance with the requirements of the U.S. or other jurisdictions’ patent laws and requirements.

 

9. Intellectual Property Rights of the ADU Community Members and Creators.

Recognizing that creators of certain Intellectual Property, such as works of authorships and inventions, have certain rights recognized under U.S. law, ADU is providing the following clarification of ADU Community Members’ rights in and to Intellectual Property in view of their role in the ADU Community, as employees or non-employees, and participating in ADU Institutional Activities.

    9.1 ADU Community Member Pre-Existing IP. 

9.1.1.     Pre-Existing IP. ADU Community Members, including Faculty, may possess Pre-Existing IP.  ADU Community Members shall retain ownership of all of their Pre-existing IP. 
9.1.2.     License to Pre-Existing IP Used in ADU Courses or Institutional Activities.  ADU Community Members are encouraged not to use Pre-Existing IP in Institutional Activities, unless the use is addressed in a written license agreement with ADU.  Faculty should be aware of specific requirements for using Pre-Existing IP in ADU Courses and Online Courses, and of the resulting licenses granted to ADU.  Except as otherwise agreed in a written agreement, use of any Pre-Existing IP in an Institutional Activity or ADU Course shall result in the grant of a perpetual, non-exclusive license to ADU and ADU Community Members to use, adapt, reproduce, distribute, make derivative works and recordings of, and otherwise exploit the Pre-Existing IP in Institutional Activities.  For sake of clarity, the licensee will provide ADU and ADU Community Members and their agents the rights needed to use the Pre-Existing IP in these activities, including, without limit, the rights to make, distribute, perform, display, broadcast, and transmit reproductions, audio, video, audiovisual and digital recordings, scripts and transcriptions, and derivative works of such Pre-Existing IP in all formats now known or later developed.

    9.2 Employee Created Intellectual Property.  Absent any agreement to the contrary in an employment or other contract, and except for items otherwise characterized in this Policy, or for students in the Student Copyright Policy, Intellectual Property created by ADU-employee Creators that qualifies as ADU Intellectual Property under this Policy shall be owned by ADU.
    9.3 Academic Works.  In an effort to recognize and incent the publication of Academic Works and to recognize traditions of academic freedom, Academic Works of Faculty and students, and other ADU Community Members approved by the ADU Intellectual Property Committee, shall be owned by the author and registered in the author’s name.  In such circumstances, the ADU Community Member hereby agrees to and does grant to ADU a royalty-free, perpetual, non-exclusive, irrevocable, worldwide, sublicensable license to use, adapt, publish, reproduce, distribute, and make derivative works and recordings of such Academic Works, or portions thereof, in ADU Institutional Activities, in all media and formats now known or later developed, but such license shall be subject to any publishing agreement provided by the ADU Community Member to the ADU Intellectual Property Committee.  To assist the University in exercising its license, the ADU Community Member will provide, at no charge, an electronic copy of the final version of any Academic Work he or she authors to the ADU library in an appropriate format specified by the library director.  In order to ensure the preservation of Intellectual Property rights in ADU Inventions that may be disclosed in the Academic Works, disclosure must be made to the ADU Intellectual Property Committee in accordance with Section I.14 of this Policy prior to publication or dissemination of such Academic Works in any form. 
    9.4 Students.  As a condition of participation in any ADU research project, event, or other Institutional Activity, or development of any product, device, or method in an ADU research project or using Substantial ADU Resources, (outside of participation in an ADU Course in which the student is enrolled and the authoring of Academic Works), all Intellectual Property that students create during such participation, development, or use that would qualify as ADU intellectual Property shall be owned by ADU as ADU Intellectual property.  To the extent a work qualifies as a work made for hire, such work shall be owned by ADU as a work made for hire, and otherwise by assignment from the students to ADU.  Further, students shall execute Intellectual Property and confidentiality agreement as required by ADU as a condition of participation in any ADU research projects or for any ADU employment.  Students shall undertake these and similar acts as noted in Section I.7.  With respect to CourseWork, students will retain the Intellectual Property of such subject to any Intellectual Property which qualifies as ADU Intellectual Property under this Policy and to the ADU licenses to Academic Works under Section I.9.3.  Students understand that the University may require use of a service such as Turnitin to check for plagiarism, and students authorize ADU to use their Intellectual Property for such purposes to the extent not governed by the Academic Integrity Policy.
    9.5 Administrative Staff.  While the role of Administrative Staff may not be centrally focused on the creation of Intellectual Property, Administrative Staff do use, and at times, create Intellectual Property.  Absent a contract or employment agreement to the contrary, Intellectual Property created by Administrative Staff that qualifies as ADU Intellectual Property under this Policy shall be owned by ADU.  Administrative Staff shall be governed by and adhere to this Policy with respect to the creation, ownership, and use of Intellectual Property.
    9.6 Rights of Technical, Educational, and Research Staff.  In their research capacities, Technical, Educational, and Research Staff regularly use and create Intellectual Property as part of their role as ADU employees.  Absent any agreement to the contrary in an employment agreement or other Third Party contract, all Intellectual Property created by these employees in the course of their ADU research that qualifies as ADU Intellectual Property under this Policy shall be considered ADU Intellectual Property. All other Intellectual Property created or used by Technical, Educational, and Research Staff shall be governed as other employees by this Policy.
    9.7 Non-employees.  Prior to creating any ADU Intellectual Property, non-employees shall enter into a written intellectual property agreement with ADU.  Any Intellectual Property created, authored, developed, or reduced to practice by non-employees of the University shall be considered ADU Intellectual Property if it meets the criteria of Section I.8.1 or otherwise is identified as such in an agreement with ADU.  The general policy and practice should be that such agreement is consistent with this Policy, unless ADU leadership or the ADU Intellectual Property Committee approves deviations for a particular case in line with and to further ADU’s mission and to benefit the public. 
    9.8 Open Source Software.  Open source software is made available to the public under license agreements such as the GPL that govern how the software can be used, modified, and distributed.  Any Intellectual Property created by ADU Community Members as a contribution to or modification of open source software that qualifies as ADU Intellectual Property may be subject to the open source license.  If required by the open source license, ADU Intellectual Property that is made part of the open source software shall be licensed to the public under the open source license that governed the ADU Community Members’ use of the software.  ADU retains ownership of the Intellectual Property subject to the open source license.  Notwithstanding the open source license, ADU employees may freely contribute to and modify any existing open source software with the permission of their supervisor.
    9.9 ADU Community Member Created Non-ADU Intellectual Property. 

9.9.1.     ADU Employee Non-ADU Intellectual Property.  In the event that an ADU employee develops Intellectual Property in a manner that would qualify the ADU employee as a Creator under this Policy or otherwise during or in the course of employment with ADU and the ADU employee believes that it does not qualify as ADU Intellectual Property but instead is owned by the ADU employee, the ADU employee shall bring and disclose such Intellectual Property to the ADU Intellectual Property Committee for an ownership determination.  The ADU Intellectual Property Committee shall evaluate the circumstances of creation and the nature of the Intellectual Property to make an ownership determination - whether the Intellectual Property in question qualifies as ADU Intellectual Property to be owned by ADU or Intellectual Property that is owned by the employee as Non-ADU Intellectual Property.  Prior to any use, commercialization, offer for sale, sale or transfer of rights, or disclosure to the public, the ADU employee must adhere to the disclosure requirements set forth in this Section and Section 14.
9.9.2.     ADU Community Member Non-ADU Intellectual Property.  In the event that an ADU Community Member who is not an ADU employee develops Intellectual Property in a manner that would qualify him or her as a Creator under this Policy, or such Intellectual Property otherwise arises from or relates to the ADU Community Member’s role in ADU Courses or Institutional Activities, and the ADU non-employee Community Member believes that it does not qualify as ADU Intellectual Property but instead is owned by the ADU Community Member, the ADU Community Member Creator shall bring and disclose such Intellectual Property to the ADU Intellectual Property Committee for an ownership determination.  The ADU Intellectual Property Committee shall evaluate the circumstances of creation and the nature of the Intellectual Property to make an ownership determination - whether the Intellectual Property in question qualifies as ADU Intellectual Property to be owned by ADU or Intellectual Property that is owned by the ADU Community Member as Non-ADU Intellectual Property.  Prior to any use, commercialization, offer for sale, sale or transfer of rights, or disclosure to the public, the ADU Community Member must adhere to the disclosure requirements set forth in this Section and Section 14.
9.9.3     Commercial Distribution of Non-ADU Intellectual Property.  An ADU Community Member who is determined to own the rights in Intellectual Property he or she creates as non-ADU Intellectual Property may commercialize or otherwise distribute or publish that Intellectual Property (except for Course Content including Online Course Content) without the authority or permission of the University, so long as the University’s name is not used in connection with works so made available, other than to identify the Creator as an officer of instruction or employee at the University, and so long as the disclosure and other ADU commercialization approval requirements on this Policy are met.

10. Limitations on Use of ADU Intellectual Property by ADU Community Members

    10.1 Agreements Related to ADU Intellectual Property.  The University president has the sole authority to sell, license, assign, or otherwise transfer, bind, or impair ADU Intellectual property. ADU Community Members shall not enter into agreements relating to any ADU Intellectual Property without the president’s authorization.   
    10.2 Consulting Agreements.  Individual consulting agreements that may use, adapt, impair, or compete with ADU Intellectual Property should be reviewed and approved by the ADU Intellectual Property Committee prior to being entered into by ADU Community Members. 
    10.3 Registrations.  ADU Community Members shall not seek protection or registration (including copyright, patent, or trademark registration) of any ADU Intellectual Property without approval of the ADU Intellectual Property Committee.

11. Collaborations

Parameters governing the ownership and use of Intellectual Property, including ADU Intellectual Property, third-party Intellectual Property, and other Non-ADU Intellectual Property, used or developed in Collaborations between a ADU Community Member and/or ADU and another entity should be determined in a written agreement prior to beginning the Collaboration.  As used herein, “Collaborations” means “joint research projects, joint ventures, strategic alliances, partnerships, outward- or inward-bound visiting appointments, and work with personnel ‘on loan’ from another institution.”

12. Work Arising out of Consulting Agreements and Other Outside Activities

As set forth in the University policy on other professional employment, ADU employees may engage in outside activities with permission of the appropriate department chair or administrator.    To the extent that any ADU Intellectual Property may be involved in or impacted by such outside activities, the employee shall disclose such potential use or identified ADU Intellectual Property to the ADU Intellectual Property Committee for approval and to provide the ADU Intellectual Property Committee the opportunity to make appropriate Intellectual Property filings or put the appropriate non-disclosure or other agreement in place with assistance from ADU legal counsel.  The ADU employee shall disclose any Intellectual Property created during such activities as required by Section I.14 of this Policy or by any other agreement. 

13. Use of the ADU University Name and Marks 

Use of the ADU name, logo, or trademark can affect the reputation and academic standing of the institution. Faculty, researchers, other employees (as well as their respective departments and programs), and students may not participate in the creation or use of works or other Intellectual Property that might give the impression of ADU sponsorship where there is none. Any use of the ADU name or Trademarks that might give the impression of ADU sponsorship (other than to identify the creator as a faculty member, researcher, other employee, or student at ADU) in connection with a non-ADU Intellectual Property created by a Faculty, researcher, or other ADU employee must be approved in advance by the ADU Intellectual Property Committee.    

14. Intellectual Property Process

    14.1 Disclosure of ADU Intellectual Property to Intellectual Property Committee

Creators are required to disclose to ADU any ADU Inventions made, developed, discovered, invented, or reduced to practice, individually or jointly with others, for ADU Courses, in Institutional Activities, in the course of the Creators’ duties as an ADU employee, or using Substantial ADU Resources.

Disclosure of an ADU Invention should be made with the use of an Invention Disclosure Form. The Creator should attach appropriate exhibits to the Form, such as copies of papers intended for publication, software flowcharts, material transfer agreements, consulting agreements, confidential disclosure agreements, and the like.

    14.2 Initial Review Period.  The ADU Intellectual Property Committee shall seek to review ADU Inventions within one hundred and twenty (120) days from the time of receiving all necessary and requested disclosure information.  If it is determined that ADU has an interest in such ADU Invention, the Committee shall so notify the Creator, and ADU shall then have an additional two hundred and ten (210) day period to initiate steps toward protecting such ADU Invention.

An ADU Invention may be deemed insufficiently conceived, disclosed, or reduced to practice to undergo the expense and effort of pursuing patent protection, but to have promise.  In such a case, ADU may request the Creator continue work on the ADU Invention and submit a revised Invention Disclosure Form so that a decision may be re-visited.  The Creator also has a right to appeal a negative decision by means of a personal appearance before the Committee.

Documents intended for publication are reviewed to ascertain whether their publication could negatively impact subsequent attempts to seek Patent protection.  All disclosure, publication, and commercialization of works containing ADU Inventions will be approved and overseen by the ADU Intellectual Property Committee in line with procedures and policies developed by the Committee.  ADU Community Members shall not publish research findings involving any ADU Inventions, Data, Biological Samples or other ADU project data or results without consulting with and receiving prior approval from the ADU Intellectual Property Committee and, as needed, ADU legal counsel.  This disclosure is important to preserve ADU Intellectual Property rights by seeking Intellectual Property protection, as Intellectual Property rights can be lost by publication or commercial use prior to filing a patent application.  Also, ADU may choose to protect certain ADU Intellectual Property as Trade Secrets and Know-How. ADU shall have the right to prohibit oral or written publication or disclosure of Trade Secrets and Know-How as provided in the ADU Confidentiality Policy.

    14.3 Reversion to Creator.  In the event that the ADU Intellectual Property Committee determines ADU will not pursue patent protection or otherwise commercialize a disclosed ADU Invention during the 330-day review period, ADU, in its discretion, may assign or revert the rights to the Creator for commercialization by the Creator. 
    14.4. Responsibilities of Creator during Intellectual Property Process.  It is the policy of ADU that the Creator must execute assignments of rights, title, and interest to ADU Inventions, formalizing a transfer of such rights to ADU.  The Creator also must make himself or herself available, during and after employment at ADU, to take all necessary and reasonable action related to pursuing Intellectual Property protection, such as signing Inventor Declarations, assisting in discovery, or testifying in proceedings before the USPTO or the courts.  The Creator further must make himself or herself available as needed for consultation during prosecution of ADU Patent applications with, for example, outside legal counsel or internal technology transfer personnel.
    14.5 Intellectual Property Agreement.  This Policy constitutes an understanding that is binding on the University and on ADU Community Members as a condition of their participating in University research, educational, and other programs, or their use of University Resources. The University may require formal agreements to implement the Policy as appropriate, but the absence of such executed agreements shall not invalidate the applicability of the Policy.
    14.6 Disclosure Restrictions.  ADU Community Members shall take all reasonable measures to ensure the secrecy of ADU Intellectual Property in accordance with the ADU Confidentiality Policy.

15. Departure of Creator from ADU

Any ADU Community Member possessing ADU Intellectual Property or ADU confidential information, shall cease all use of, remove from all phones, computers, tablets, files, cloud storage and other devices and networks, and return to ADU, all ADU Intellectual Property and/or ADU confidential information upon termination of employment, or separation for ADU, unless specifically authorized by a written agreement provided by ADU or a specific provision of this Policy.  The Creator is required, upon leaving ADU, to return any ADU Intellectual Property or other confidential information in his or her possession, whether in tangible or electronic form.

16. Commercialization and Revenue Sharing

Intellectual Property can be commercialized through assignments or licenses of part or all of the ADU Intellectual Property to a third party, from which royalties or other payments can accrue, or through direct manufacture or marketing of the ADU Intellectual Property by or on behalf of ADU to the public.

“Gross Revenue” shall mean all royalties and other revenues received by ADU directly attributable to the license or commercialization of identifiable ADU Intellectual Property such as a Patent or Copyright.  

“Net Proceeds” shall mean the revenues remaining after Expenses have been deducted from Gross Revenue. 

“Expenses” shall include costs (one-time and ongoing and administrative overhead), fees, processing charges, legal fees, drawings, government filing fees, accounting fees, administrative charges levied by certain officers or departments within ADU (such as the ADU Intellectual Property Committee), reimbursements to Creator, and all other applicable expenses.

The specific costs that are deducted from any particular project shall be determined on a case-by-case basis using guidelines to be adopted on an annual basis by ADU.  Certain fees may be capped and, upon reaching the cap, may no longer be deducted in calculating Net Proceeds.  The specific fees that may be capped shall be determined either on a case-by-case basis or in accordance with an annual report or update to this Policy published by ADU.  The remaining Net Proceeds shall be distributed as set forth herein:

Cumulative Net Proceeds Creator ADU (including ADU General Fund and Office of ADU IP Commercialization and Administration)
All Proceeds 35% 65%

 

Notwithstanding the foregoing or any other provision of this Policy to the contrary, ADU administration shall have the discretion to alter or withhold the allocations described above on a case-by-case basis.  If the Creator separates from ADU, the allocations shall be reviewed by and re-determined by the Intellectual Property Committee or such other review committee to be formed at the direction of the President.

17. Transfer of Intellectual Property to Creator – The Creator of a work that is ADU Intellectual Property under this Policy may request that the University transfer ownership of the work to the Creator. Such a request must be made to the ADU Intellectual Property Committee.  The Committee will act as expeditiously as reasonably possible in considering such requests by Creators.  In certain circumstances, the University may require reimbursement by the Creator for out-of-pocket expenses the University has incurred in connection with the work, including legal and marketing expenses (if any).  The University may also require the Creator to grant to ADU an irrevocable royalty-free non-exclusive license to use the work for ADU’s own non-commercial purposes. Notwithstanding the foregoing, final decisions regarding transfer of ADU Intellectual Property to the Creator shall be made in the sole discretion of the University.

 

Section II. Copyright Specifics

 

1. Copyright Specific Issues

1.1     Overview of Copyright Issues of Policy

As a starting point, this Policy embodies ADU’s commitment to respect the copyright rights of all copyright owners.  Section I applies to Copyrights as a form of Intellectual Property.  This Section II is directed at Copyright issues alone, and should be read in conjunction with the rest of the Intellectual Property Policy. This Section explains and outlines relevant statutes and ADU’s practices relevant to works of authorship and copyright rights and provides guidelines and tools for the ADU Community to ensure they appropriately create and use copyrighted works of authorship and respect the rights of copyright owners.  This Section II should also be read in conjunction with the Student Copyright Policy.  

1.2     Key Principles for Copyrights and Works of Authorship

The following additional principles are provided in addition to those in Section I.3.1.  Except as specified for limited works identified in this Policy, such as Academic Works, works of authorship authored or created by an ADU Community Member in his or her role as an employee at ADU or during the time when the Member is engaged in Institutional Activities at ADU or using Substantial ADU Resources shall be owned by ADU either as a work made for hire or by assignment.

2. Copyright Law Overview

To educate ADU Community Members, the following overview of certain relevant aspects of copyright law is provided.

2.1     Copyrighted Works

A writer, artist, singer, computer programmer or other author of an original work of authorship, referred to as an author in the U.S. Copyright Act, is provided with certain exclusive rights to control and to authorize how his or her work is reproduced, adapted, distributed, publicly performed,  and publicly displayed.  (See 17 U.S.C. § 106).  Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.  (17 U.S.C. § 102(a)).  Copyright protection for an original work of authorship covers expression of ideas but does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery. (17 U.S.C. § 102(b)).

The Copyright Act automatically grants a copyright the moment an original work of authorship is fixed in a tangible form.   Additional rights, however, can be acquired through registration of a work of authorship with the U.S. Copyright Office.  Registration should be considered for any work that is to be used commercially or in the operation of ADU, such as Online Course Content, software, videos and sound recordings, and certain curriculum.  Such works should be labeled as copyrighted with the use of the “©” symbol, followed by the owner and year of publication, plus the words “All rights reserved.”

Copyright protection extends to a range of original works of authorship, including literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audio visual works; sound recordings; software; and architectural works. 

2.2     Copyright Term Limits and Works in the Public Domain

Copyright protection is not perpetual, but extends for a limited but lengthy term.The term of copyright protection may vary based on the date of creation of the work and the identity or status of the author, such as whether the author is an individual or a corporation.  (See 17 U.S.C. §§ 302-305).  For example, under U.S. law, copyright in a work of authorship created by an individual author after January 1, 1978, lasts for the life of the author plus 70 years.  For works of authorship where the author is unknown or the copyright owner is a corporation, copyright lasts for the shorter of 120 years from the creation date or 95 years from the publication date. 

Once a work’s copyright term expires, it enters the public domain and can be freely used by anyone without permission.  A determination of a work’s remaining copyright term often requires an in-depth consideration of several factors.  Accordingly, ADU Community Members shall seek a determination of the copyright term and expiration date of a work published after 1923 from the Intellectual Property Committee and ADU legal counsel prior to use in Institutional Activities as a public domain work unless the work is clearly labeled as in the public domain. 

For more information about determining the term of any copyrighted work, please refer to the resources identified in Section II.3 below. 

2.3     Limitations on Exclusive Rights

In general, the reproduction, public performance, public display, and distribution of a copyrighted work and the creation of derivative works from a copyrighted work are controlled by the Copyright Owner as exclusive rights.  Use without permission or a license is considered copyright infringement except in certain circumstances. Note that in general, activities on the ADU campus, including classes, are considered public.

Under U.S. copyright law, the exclusive rights of copyright owners are subject to a range of statutory limitations, such as the right of first sale (commonly referred to as “the first sale doctrine”), special classroom exceptions, limited rights for reproduction by libraries and archives, and fair use.  Uses that qualify under the requirements of any of these statutory limitations is not considered infringement under U.S. copyright law, but application of the statutory limitations often require a complex legal analysis to ensure that there is not copyright infringement.  ADU Community Members should obtain copyright education to help them apply the statutory limitations to use of copyrighted works.   

2.4     Copyright Statutory Limitation Sections

The Copyright Act includes certain sections (17 U.S.C. §§ 107-122) that contain limitations on copyright ownership rights for certain uses, users, and technology.  Several of these statutory limitations are pertinent to ADU and the ADU Community, and are addressed briefly in this Policy as follows:

2.4.1     Fair Use (Section 107)

United States copyright law recognizes that there are specific uses, namely, criticism, comment, news reporting, teaching, scholarship, and research, that are necessary to promoting intellectual progress.  The Copyright Act recognizes the fair use doctrine that is applied as a defense to an infringement claim.  The four factors that are used in determining whether a use qualifies as fair use are:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work. (17 U.S.C. § 107)

A court determines whether a use qualifies as a fair use, applying the specific facts of the case to the statutory factors in view of prior case law.  The application of these factors is not precise, and it is difficult to anticipate the outcome of a particular case.   To this end, while certain activities of ADU and the ADU Community may qualify as a fair use, fair use should be relied upon by the ADU Community with caution.  ADU Community Members should seek the advice of the Intellectual Property Committee if they are unsure whether they may rely on fair use for a particular use of a copyrighted work. 

2.4.2     Reproduction by Libraries and Archives (Section 108)

Copyright law recognizes several limitations on the exclusive rights of a copyright holder that apply only to qualifying libraries or archives.A qualifying library or archives, or any of its employees acting within the scope of their employment, may reproduce or distribute a limited number of copies of a work for certain non-commercial uses (17 U.S.C. § 108).  The right of libraries or archives to make copies of works under this section, however, is subject to several stringent conditions.  For example, a library can copy an article or small portion of other types of works of authorship and give it to a library user provided that the library includes a copyright notice on the copy and has no reason to know that the user intends to use the copy for anything other than private study, scholarship, or research.  Given the detailed requirements for compliance with Section 108, the ADU library shall seek the advice of the Intellectual Property Committee and ADU Legal Counsel to develop policies and procedures to ensure that any such reproduction or other use in relation to Section 108 is in accordance with U.S. copyright law.

2.4.3     The First Sale Doctrine (Section 109) and Lending by Non-Profit Libraries

Section 109 of the Copyright Act provides what is known as the “First Sale Doctrine.”  While Section 106 grants a copyright holder the exclusive right to distribute copies or phonorecords of the copyrighted work to the public by sale, rental, lease, lending, or other transfer of ownership, Section 109 limits that right to only the first sale of a copy or phonorecord.  Section 109 states that once title on an individual copy of a work has been transferred, each subsequent owner has the right to sell or otherwise dispose of that copy without permission from the copyright owner.  Importantly, the possessor of the copy of the work is not granted any rights under the copyright to make further copies, only the right to dispose of their own copy.  The limitation in Section 109 on the exclusive right to distribute copies of a copyrighted work is essential for the ability of a library to lend copyrighted works without seeking permission from the copyright owner.  Also, purchasers of a copy of a work can resell the copy (such as reselling used textbooks) without permission or a license from the copyright owner.

There are, however, important exceptions to Section 109.  For example, media containing sound recordings or computer programs can be sold under the first sale doctrine but cannot be rented, leased or lent for direct or indirect commercial advantage.  Section 109 does allow non-profit libraries to lend music and software if they meet certain requirements.  ADU and the ADU Community shall follow the permitted practices provided under Section 109. 

2.4.4     Special Classroom Exceptions (Section 110)

The Copyright Act includes recognition of a need for teachers to present copyrighted material during their face-to-face and distance instruction and lessons.  Section 110 addresses this issue by granting teachers and students at nonprofit schools a right to use, perform or display copyrighted works of authorship in certain teaching situations.  For a use to qualify under the exception granted by section 110, it must meet a number of requirements.  These requirements are different for face-to-face teaching and distance instruction. Information about the requirements can be found in the resources listed in Section II.3.

ADU shall conduct its instruction and classes in accordance with the requirements of Section 110.  The ADU Community should consult the ADU Intellectual Property Committee with questions about applying the teaching exceptions in Section 110 to their use of copyright material for educational purposes.

2.5     Copyright Infringement

Unless a limitation to the exclusive rights of a copyright owner (such as those in Sections 107 to 110 discussed above) or another defense applies, anyone who violates any of the exclusive rights of the copyright owner as provided by U.S. copyright law, or who imports into the United States copies of copyrighted material that are either illegal where purchased or would be illegal if made in the United States, is an infringer of the copyright for that material.  

Copyright infringement can occur in several manners: direct, contributory, and vicarious. Direct infringement requires the actor to directly infringe one or more of the exclusive rights of a copyright owner for a particular work of authorship. Contributory infringement occurs when a person or institution knew or should have known about the direct infringement and contributed to it. Vicarious infringement occurs when a person or institution knew or should have known about the direct infringement and benefited financially from it. 

If an ADU Community Member has a question about the use of a copyrighted work, he or she shall consult the Intellectual Property Committee and ADU legal counsel prior to any such use.

3. Further Information of Copyright

ADU provides helpful resources for educating and assisting the ADU Community on the correct use of copyrighted materials in various situations.  These materials can be found at on the University website, and certain of them are listed in the following subsections.

ADU does not endorse the validity or content of any of these resources, but provides them for the educational value of such resources.  For additional help in making decisions regarding copyright, ADU Community Members should contact the ADU Intellectual Property Committee.

3.1    Guidelines for Proper Use of Copyright Materials

These guidelines are not statutory law, but simply guidelines produced by representatives of users, copyright owners, and others in the relevant industry, and as such, do not provide infallible guards against infringement.

3.2    Educational Resources

In addition to guidelines, ADU provides access to various resources for students, Faculty, and staff to use in determining if a use of a work is permitted.

4. Peer-to-peer File sharing

Peer-to-peer file sharing has gained popularity over the last several years as a way to obtain and share files online.  Peer-to-peer networks allow people to download and upload material to and from any computer on the network.  These networks make it easy for people to freely copy and distribute or download copyrighted works.

Copying and distributing copyrighted works, such as music, movies, and textbooks, without permission or a license may violate copyright law.  A growing use of peer-to-peer file sharing among University students is downloading textbooks.  Even though the textbooks are used for education, downloading them simply to avoid paying for them likely does not qualify as fair use, and is copyright infringement unless a particular limitation or defense applies. 

ADU’s computer use policies state that the computer network on campus is not to be used for any illegal activity.  This includes downloading and uploading works in violation of copyright law.  Anyone who downloads or uploads copyrighted works illegally, whether through a peer-to-peer network or other means, will be subject the penalties outlined in the University’s computer use policies. 

5. Permissions

In the absence of clear guidance to the contrary elsewhere in this Policy, ADU recommends that ADU Community Members seek to obtain permission from the copyright owner before using copyrighted works not owned by ADU.  Permission and rights for use of copyrighted works are often readily available.  The copyright owner may control licensing directly, or rights may be available from a licensing agency such as the Copyright Clearance Center (for articles), ASCAP (for music), or Swank (for movies).

Before requesting permission to use a work, ADU Community Members should check with the ADU library to find out what rights ADU already has for use of the work.  The library’s licenses for electronic access to a text-based work may include some reproduction and distribution rights.  For audio-visual materials, the library may have public performance rights for a performance not covered by Section 110 of the Copyright Act, or the library staff may be able to obtain those rights from the distributor. For software, an ADU department such as IT may have rights through a license.

6. Guidelines for Determination of Authorship 

Within the academic environment of ADU there is often some level of expectation regarding authorship or acknowledgement on the part of those contributing to a work.  As a result, it is important to address questions of authorship at the earliest practical stage of a creative, collaborative project or research project.  Such communication can clarify roles, spur motivation, and minimize disappointments among the participants.

Authorship should be discussed at the beginning and the end of work on a work of authorship, and whenever significant changes occur in the project or roles.  It is also important to make it clear to all participants from the start that final decisions about authorship can be extended until the time of submission. 

Issues relating to authorship vary with the project.  The following general principles should serve as a guide for authorship inclusion across ADU.

  • Authorship should be restricted to those individuals who have met each of the following criteria:
         1) made a significant contribution to the conception and design of the project, or the analysis and interpretation of the data, or other substantial scholarly effort; and
         2) participated in drafting, reviewing and/or revising the work.
  • Each author should have participated sufficiently in the work to take full responsibility for his or her contributions to the content.
  • Acquisition of funding, collection of data, general supervision of a research group, technical help, or writing assistance does not justify authorship.  Anyone who does not meet the above authorship criteria but who has made other substantial contributions should be acknowledged in the final product.
  • Honorary or courtesy authorships are inconsistent with the principles of this Policy and, as such, are unacceptable.

7. ADU Works.  

7.1     Works Made for Hire.  Any works that are created in the scope of an ADU Community Member’s employment or affiliation with ADU, or created by a Member of the ADU Community at the request of ADU or as part of an ADU undertaking, or that otherwise constitutes a work made for hire under the copyright laws of the United States, shall be owned by ADU as provided in Section I.8.1.  By way of example, these works may include training, educational, or policy materials, Online Course Content, Course Content commissioned by ADU, articles written for the ADU news office, patient handbooks created by ADU Community, including professional, administrative or other staff, at the request of ADU or as part of an ADU undertaking, and ADU Software created by individuals who are employed by ADU as programmers within the scope of their employment.  To the extent that any of the foregoing works constitutes a work made for hire under U.S. copyright law, ADU shall own the work in the first instance as the author.  To the extent that any of the foregoing works does not constitute a work made for hire,” but is an ADU Work, ADU shall own the work by assignment from the individual Creator.  ADU Community Members agree that they will and do assign at the time of creation the copyright in any works that are to be owned by ADU under this Policy.

7.2     ADU Course and Course Content. If ADU commissions the creation, adaptation, or translation of a Course or Course Content, ADU will own all Intellectual Property in such ADU Course and Course Content created by an ADU Community Member.  ADU Faculty own their  course notes and other materials that they create in non-commissioned ADU Courses, subject to the grant of a perpetual, non-exclusive license to ADU and ADU Community Members to use, adapt, reproduce, distribute, make derivative works and recordings of, and otherwise exploit the materials in Institutional Activities..

7.3     ADU Online Courses and Online Course Content.  ADU has developed and continues to develop certain Courses, including Online Courses.  All such Online Courses and all Online Course Content shall be considered commissioned by ADU as a work made for hire to be owned by ADU, and to the extent such Online Course Content does not qualify as a work made for hire, to be assigned to ADU by the Creator.   Participation in the creation of any Online Courses or Online Course Content by an ADU Community Member will be with the understanding and agreement that ADU will own the Copyright in Such Online Courses and Online Course Content.  

7.4     Audio visual recordings and files.  Ownership rights in videotapes, digital recordings, or other recordings of all courses, and the parts thereof, that are made by or on behalf of ADU or with Substantial ADU Resources shall rest with the University. Ownership of the recording itself and related copyright in the recording does not mean that the ADU claims ownership of the Pre-Existing IP presented in the recording.

7.5     Use of ADU Course Content: commercialization.  A Faculty, notwithstanding copyright ownership, may not commercialize Course Content created or taught at the ADU without the approval of the President and conformance with this Policy.

 

Active Military Duty

Any student called to active duty from the reserves of any branch of the military or the National Guard will receive special consideration from Adventist University of Health Sciences to ensure a smooth transition. Students should notify their department chair and submit a copy of the military orders. The length of service should be defined when possible. A full refund of tuition and fees for the current trimester will be granted.

Upon returning to the University, the student should provide documentation that he or she has been released from active duty. Students leaving a professional program for active duty will be able to re-enter the program at the beginning of the same trimester in the suggested plan of study. Students should refer to the individual professional program section of this Academic Catalog for readmission policies. Students in the Department of Health and Biomedical Sciences will be able to begin courses at the beginning of the next trimester following their return to civilian life. Exceptions and special needs will be addressed on an individual basis.

Attendance Policies

Adventist University students are expected to attend all scheduled courses, laboratories, clinicals, and/or practicums. The following attendance policies are in effect:

  • Class attendance is required beginning with the first class meeting. If you do not attend the first class meeting, you may be withdrawn from the class.
  • Students who are not actively participating in an online class and/or do not submit the first assignment by the scheduled due date may be withdrawn by the instructor at the end of the first week.
  • In the event of absence from a classroom course or the inability to participate in an online or hybrid course, you must contact your professor immediately to indicate the reason and to inquire whether make-up work is possible. In the event of an emergency (e.g. illness), instructors may require official documentation or verification.
  • It is the student’s responsibility to withdraw from their courses as soon as the decision to drop has been made.  The student is considered to be enrolled in the course until he or she withdraws. During the add/drop period (the first week) the student can add and drop online.  After the add/drop period the student must complete the Drop/Add/Withdrawal Form and submit to the Office of the Registrar.
    • Failure to submit the completed Drop/Add/Withdrawal Form by the drop deadline will result in the grade of “WF” being given for the course.
  • An Administrative Drop may take place if a student is absent for a period of two consecutive weeks and does not contact the instructor or complete the appropriate paperwork.
  • When a student’s number of absences (excused or unexcused) for any course exceeds 20% of the total course appointments, a grade of “F” may be given for that course.
  • Excused absences up to five days are allowed for bereavement if the death was an immediate family member (spouse, parent, sibling, child, or grandparent). Other family members, such as aunts, uncles, and cousins, are usually not in this category unless they were part of the immediate family. Additional time must be requested by the student and agreed to by the instructor. Verification must be provided at the time of the student’s return to class. All coursework must be made up within a time frame agreed upon with the course instructor.

 

Please refer to the program handbook for additional attendance policies.

 

Program Integrity and Documentation of Online Course Attendance

Faculty members must certify that students are actively attending an online course or hybrid course that does not meet face-to-face within the first week of the session. Students will be required to complete at least one of the following for each online or hybrid course that does not meet face-to-face within the first week of the session:

  1. Submit an assignment online
  2. Take an online assessment
  3. Participate in an online discussion about academic matters
  4. Complete an online interactive tutorial or computer-assisted instruction that is trackable
  5. Initiate contact with the faculty member to ask a question about the academic subject studied in the course

Cancellation of Course Section

A course may be cancelled if the enrollment in a particular section of a course does not reach at least six students. If necessary, course sections may be combined and/or moved. Every effort will be made to keep scheduled courses open in a given trimester.

Emergency Course Cancellation

All decisions regarding emergency school closure will be made by Adventist University of Health Sciences Administration. Information on campus closings may be obtained from the following sources:

■ Campus voice message system: (407) 303-9798 or (407) 303-7747
■ Campus plasma screen displays
■ University Web sites: www.adu.edu; my.adu.edu
■ Local area TV stations: WESH (2), WKMG (6), WFTV (9), Central Florida News (CFN 13)

College Credit by Examination

Adventist University of Health Sciences (ADU) recognizes the following types of college credit by examination:

  • Advanced Placement Credit (AP)
  • College Level Examination Program (CLEP)
  • ADU Challenge Exam
  • International Baccalaureate Credit (IB)
  • Credit by Validation for Professional Licensure and Registry

College credit that is earned by examination:

  • Will be recorded as a credit received (CR) grade for which no quality points will be given.
  • Will not count toward residency or financial aid hours.
  • Will be awarded only in areas which fall within the regular curricular offerings of Adventist University and which are related to the student’s educational goals.
  • Must be completed within the first week of the course a student wishes to challenge.
  • Must be successfully completed before the last trimester prior to graduation.

Fees charged for CLEP and ADU Challenge Exam and recording fees are listed in the Financial Aid  section of the Academic Catalog. Applications are available in the Center for Academic Achievement and the Office of the Registrar.

Advanced Placement Credit

College-level credit may be granted to students who have completed Advanced Placement (AP) college-level courses in high school and have passed the College Board AP Examinations with a minimum score of 4. Partial credit will not be awarded for AP scores below the required minimum score of 4. Students with an AP English Language score of 3 will receive credit for English Composition I. Credit granted may not exceed credit for similar courses offered at Adventist University. Please contact the Office of the Registrar for a list of exams that are eligible for transfer of credit.

College Level Examination Program

The College Level Examination Program (CLEP) gives students the opportunity to receive college credit for course content they have already mastered through previous coursework or through life experiences. The computer-based program, offered through the CollegeBoard, is available at the Center for Academic Achievement. Students must take a CLEP test rather than the ADU Challenge Examination if there is a CLEP test available.

To qualify for the CLEP test, a student must:

  1. Have already taken college-level coursework or obtained equivalent knowledge and/or skill in the subject.
  2. Contact the Center for Academic Achievement for application materials.
  3. Complete the exam before the last trimester prior to graduation.

Repeat Policy: CLEP exams may not be repeated.

Adventist University of Health Sciences does not award credit for all of the CLEP exams provided by the College Board. If a student has already enrolled in a course he or she wishes to challenge, the CLEP must be completed within the first week of the course. Test credit is applied according to the University policy at the time the credit is received and posted by the University. Contact the Center for Academic Achievement to register for the exam. Information on Adventist University courses that qualify for CLEP may be obtained by contacting the Office of the Registrar or the Center for Academic Achievement.

ADU Challenge Exam

The ADU Challenge Exam may be taken if there is no equivalent CLEP test available. Other institutional challenge exams will not be recognized or transferred.

The ADU Challenge Exam may only be taken once. The ADU Challenge Exam must be passed at the 80% level.

To qualify for the exam, a student must:

  1. Have already taken college-level coursework or obtained equivalent knowledge and/or skill in the subject.
  2. Petition the department in which the test will be prepared.
  3. Receive approval from the department chair and the Office of Academic Administration.
  4. Complete the exam before the last trimester prior to graduation.

Repeat Policy: ADU Challenge Exams may not be repeated.

If a student has already enrolled in a course he or she wishes to challenge, the ADU Challenge Exam must be completed within the first week of the course.

International Baccalaureate Credit

College-level credit may be granted to students who have completed International Baccalaureate (IB) college-level courses in high school and have passed the IB Examinations with a minimum score of 5. Partial credit will not be awarded for IB scores below the required minimum score of 5. Please contact the Office of the Registrar for the current policy on awarding college-level credit for successfully completed International Baccalaureate exams.

Licensure and Registry

Adventist University of Health Sciences validates college-level credit for eligible students. Students must meet the following criteria:

  1. Acceptance into one of the three Bachelor Completion programs:
    1. Diagnostic Medical Sonography (32 credits)
    2. RN-BSN Completion Program (32 Credits)
    3. BS in Radiologic Sciences (37 Credits)
  2. Current and valid professional licensure or registry in the following areas:
    1. Diagnostic Medical Sonography
    2. Nuclear Medicine Technology
    3. Nursing
    4. Radiography

University Credit for Experience

It is not the policy of Adventist University of Health Sciences (ADU) to grant credit for life or work experience.

Course Access

Graduate Courses

Graduate level courses are for students enrolled in the graduate programs only. Undergraduate students may petition to register for graduate level courses. The following criteria must be met for undergraduate students to petition for graduate coursework:

  1. Student must be enrolled in the final year of the bachelor degree.

  2. Student must maintain a minimum GPA of 3.00 or above to qualify for graduate level coursework.

  3. Student may receive up to six credit hours of graduate level credit hours per term to be applied to graduate level program and a maximum of 12 graduate credits total being applied toward the undergraduate level program.

  4. Student enrolled in graduate level courses will be charged at the graduate tuition rate, plus any additional fees (labs, etc.).

  5. Student must apply with a two week lead time prior to class beginning.

  6. Student would not be allowed to use SONISWEB until proper approval has been made.

  7. Student must complete a request form with approval signatures from:

    1. Undergraduate Department Chair

    2. Financial Aid

    3. Department Chair of graduate program from which the credit is received, as well as receiving statement for any additional fees.

Remedial Courses

The Department of Health and Biomedical Sciences offers several remedial courses. These courses are designed to provide students with the opportunity to bring their academic skills and knowledge in particular areas up to levels that will enable them to successfully complete college-level work in those areas. As such, they are neither factored into a student’s GPA for admission to the University or professional program, nor are the credits transferable. Courses are designated Pass/No Pass. Students required to take these courses have the opportunity to take a placement test one time in an attempt to place into higher-level courses.

ENGLISH

Students with an ACT score below 19 on the English portion, a combined SAT score below 910, or an SAT Critical Reading subtest score below 470 will be placed into ENGL 091 English Review.

MATHEMATICS

Students with an ACT score below 19 on the math portion, a combined SAT score below 910, or an SAT Math subtest score below 470 will be placed into MATH 091 Introduction to Algebra. If the student chooses to take the placement exam, the score will determine which math course the student may enroll in: MATH 091 Introduction to Algebra, MATH 105 Intermediate Algebra, or MATH 120 College Algebra.

SCIENCE

Students with a standard composite ACT score of less than 19 or a combined SAT score of less than 910 will be placed into BIOL 091 Introduction to Anatomy and Physiology. There is no placement testing for this area.

University Credit by Validation

Under certain circumstances, Adventist University of Health Sciences may give credit for prior coursework in a particular field when the student validates knowledge and ability by successful completion of more advanced coursework at Adventist University in that field (see individual program conditions and specifications).

A student must submit a petition to be given credit by validation. The petition must be approved by the department chair and the Office of Academic Administration before the last trimester prior to graduation.

Credit granted by validation will not generate quality points or affect the grade point average, but will apply toward degree credit requirements. Credit by validation is awarded only in areas which fall within the regular curricular offerings of the University and which are related to the student’s current educational goals. Credit by validation will not count toward residency or financial aid hours.

Communication Policy

Adventist University of Health Sciences (ADU) employs three electronic modes of communication to meet the needs of its student population. Instructors will communicate in their syllabus their preferred method of communication with their students. This will vary from course to course. It is expected that all students will check these electronic modes of communications at least weekly. Students are held accountable for all information communicated to them through these systems.

  • My Academic Resource System (MARS): MARS is used primarily for communication between students and key offices on campus relating to their enrollment and progression at Adventist University. Students can access their academic advisor or ask questions about placement testing in addition to communicating with the following departments or offices: Enrollment Services, Business Office, Registrar, Financial Aid, Bookstore, Residence Hall, and Student Services. All communication in MARS is logged and recorded for future reference. To access MARS:
    • Log in to my.adu.edu
    • Under Academics, click on My Messages.
  • Adventist University E-mail Account: Adventist University e-mail accounts will be used to inform students of upcoming events, such as social events, registration and application information, school closings, and department-specific communications.
  • E-Learning E-mail: The e-learning courseware management system includes an e-mail component which allows the members of the course and their instructors to communicate with each other. The instructors who utilize the e-learning courseware management systems will communicate in their syllabus their preferred method of communication with their students. This will vary from course to course.

Convocation

An annual Convocation event is held each fall, bringing together and celebrating the entire Adventist University family during the new school year. All students are required to attend this campus-wide event. The President’s Reception is held following Convocation for all students, faculty, and staff.

Course Classification

All courses are classified as remedial, lower division, upper division, or graduate. Remedial courses are numbered 090 through 099. Lower division courses are numbered 100 through 299. Upper division courses are 300 through 499. Graduate courses are 500 and above. Students should take courses in the order prescribed in their plan of study and follow the requirements for prerequisites to avoid scheduling conflicts.

Course Credit

Students will not receive credit for a course unless they are officially registered for it by the end of the approved registration period. Please refer to the Academic Calendar  for registration dates and the Late Registration Policy for more information.

Course Evaluations

Students are required to complete end-of-course evaluations for all courses, including didactic, clinical, and lab sections, in which they are enrolled. Evaluations must be completed by the last day of class (or as otherwise determined by the course instructor). Failure to comply with this mandatory requirement will result in a grade of incomplete (I) being awarded for the class, including the process and fees attached (see Academic Catalog for complete guidelines and fees).

Course Load

Course load is expressed in trimester credits. A trimester credit represents one 55-minute lecture course or equivalent per week for one trimester of 14 weeks with approximately two hours of preparation per hour in each course. Thus, a four-credit lecture course would meet 220 minutes and require eight hours of preparation per week. Laboratory courses are measured with either a 2:1 or 3:1 ratio, with two or three 55-minute periods of lab time making up one trimester credit. Each department sets clinical ratios.

Graduate course load is expressed in trimester credits. A trimester credit represents one 55-minute class or equivalent per week for 14 weeks. Laboratory courses are calculated at a 2:1 or 3:1 ratio, with two or three 55-minute periods of lab time each week making up one trimester credit. Clinical courses are measured according to the policies of the graduate program. For nurse anesthesia students, eight-hour periods of clinical time each week make up one trimester credit (8:1 ratio). For occupational therapy students, forty-hour periods of clinical time each week make up one trimester credit (40:1 ratio). For physical therapy students, eighty-hour periods of clinical time make up one trimester credit (80:1 ratio).

Full-time students are defined as those who are enrolled in 12 or more credits per trimester. The normal course load for a student at Adventist University of Health Sciences is 12-16 credits per trimester, although more than 16 credits may be required by specific programs in some trimesters (see the Academic Department sections of this Academic Catalog). Main, Denver campus, and online students who wish to register for more than 16 credits in any given trimester must obtain permission from their advisor and their department chair. Additionally, online education students can enroll in no more than two courses in any seven-week period. Students requesting an overload will receive appropriate counseling from their respective program advisers.

Full-time graduate students are defined as those who register for eight or more credits per trimester. Students are considered to have full-time status during the internship term(s). A graduate student may not be concurrently registered at another college or university and Adventist University of Health Sciences without permission from the department chair and Office of Academic Administration.

Course load includes all outstanding incompletes. For example, nine credits of incompletes from the prior term will limit the number of credits a student may take in the current enrollment period.

A student may not be concurrently registered at another college or university and Adventist University of Health Sciences without permission from the Office of Academic Administration. Refer to the Transient Policy in the Academic Information section for more information.

Directed Study

Students have the opportunity to participate in courses that are designed to concentrate on a particular problem or area in any of the academic disciplines offered at Adventist University of Health Sciences. These courses may be taken for up to three-credit hours and are recorded on the student’s permanent academic record as Directed Study. Students interested in these courses should complete the Application for Directed Study available from the Office of the Registrar.

Drop Policy

It is the responsibility of the student to withdraw in writing to the Office of the Registrar prior to the deadline published in the Academic Catalog. The student must submit a completed drop form (Main campus and Denver, Drop/Add/Withdrawal Form; Online Education, Drop/Withdrawal Form) by the deadline. The assigned grade is determined by the date the student or faculty member notifies the office, not the last date of attendance. The last day to drop a course is determined by the week number in the session. Students may withdraw during the first week of the course without penalty. No record will appear on the permanent academic record. Beginning with the second week of the course to the published Drop deadline, students will receive a “W” for the course. Students who withdraw after the published deadline will receive a “WF” for the course. This grade is equivalent to a failure.

Student-initiated Withdrawals

Important information for students seeking to withdraw from a course(s).

Students should be aware that course withdrawals may affect:

  • Anticipated graduation dates
  • Immigration status
  • Financial status
  • Eligibility for a professional program
  • Progression requirements for a professional program.

Before a student withdraws, we recommend that the student:

  • Meet with the professor to discuss his or her progress in the course
  • Meet with an academic advisor to discuss how the withdrawal will affect his or her educational plans
  • Meet with a financial aid advisor to discuss how the withdrawal will affect his or her financial aid
  • Refer to the Refund Policy in the Financial Information  section of the Academic Catalog.

Faculty-initiated Withdrawals

An Administrative Drop may take place if a student is absent for a period of two consecutive weeks and does not contact the instructor or complete the appropriate paperwork.

Drop Deadlines for All Academic Sessions

Number of Weeks in Session Number of weeks in session Grade of “W” will be assigned during this period Grade of “WF” will be assigned
4 End of 1st school week in the session Beginning of 2nd week to end of 3rd week  Beginning with the 4th week
5 End of 1st school week in the session Beginning of 2nd week to end of 4th week  Beginning with the 5th week
7 End of 1st school week in the session Beginning of 2nd week to end of 5th week  Beginning with the 6th week
9 End of 1st school week in the session Beginning of 2nd week to end of 7th week  Beginning with the 8th week
10 End of 1st school week in the session  Beginning of 2nd week to end of 8th week  Beginning with the 9th week
11 End of 1st school week in the session  Beginning of 2nd week to end of 8th week  Beginning with the 9th week
12 End of 1st school week in the session  Beginning of 2nd week to end of 9th week  Beginning with the 10th week
14 End of 1st school week in the session  Beginning of 2nd week to end of 11th week  Beginning with the 12th week
16 End of 1st school week in the session  Beginning of 2nd week to end of 12th week  Beginning with the 13th week
17 End of 1st school week in the session  Beginning of 2nd week to end of 13th week  Beginning with the 14th week
18 End of 1st school week in the session  Beginning of 2nd week to end of 14th week  Beginning with the 15th week

Duplicate Diploma

Duplicate diplomas may be issued under the following conditions:

  • Lost
  • Damage
  • Legal name change

Students must submit a notarized letter detailing his or her request. Additional documents may be required. Please contact the Office of the Registrar for more information. Students will be charged a $100 processing fee.

Examinations and Grade Reports

Credit will not be granted for any course unless the student has completed the required work. Students are expected to adhere to the published final examination schedule. If multiple examinations are scheduled concurrently or the student is required to sit for more than three examinations in one day, arrangements for alternate test dates (within the final exam period) may be made with the department chair.

Grade reports are available online. Grades will be disclosed to third-parties only with a student’s signed consent. Refer to the Student Rights and Confidentiality of Records section in this Academic Catalog.

Jury Duty

The individual course instructor will make reasonable accommodations for any student required to fulfill jury duty obligations. This includes providing additional time to complete assignments, tests, or quizzes missed during the absence. Students should submit a copy of their jury duty notice to the course instructor.

Laptop Policy

All students are required to have a laptop that meets the Adventist University of Health Sciences specifications (see the Software and Hardware Requirements section below in the Academic Catalog). Students may purchase a laptop from the University or bring their own if they meet the standards. Some professional programs may require that the laptop be purchased from the University-approved vendor. Students should contact their program of interest for more information. Financial aid may be available to cover the cost of purchasing a new computer. Please check with your Financial aid counselor. If approved, financial aid will only be approved for use with the approved University vendor. For more information, please visit the ADU Bookstore.

Software and Hardware Requirements

Adventist University’s computers use the Microsoft Windows-based operating system. Students are required to submit all work in a format compatible to Microsoft Office 2010.

Requirements

The Adventist University campus offers an open wireless environment. To use the Internet, your computer should be able to access an 802.11 g/n wireless network, have the latest version of Adobe Flash Player and the Java plug-in installed, and have a current and updated version of antivirus software installed.

Laptop/Mobile Device Policy

The use of laptops/mobile devices in the classroom is strictly for learning activities related to the class in session. Instructors have the prerogative to ask that all electronic devices be turned off. Students may bring laptops to all classes as long as they abide by this policy.

Readmission after Academic Dismissal

Undergraduate students not enrolled in an academic program who have received an academic dismissal from the University may petition the Office of Academic Administration for readmission. If readmission is granted, additional admission documents may be required by the Office of Enrollment Services.

Undergraduate Students within an academic program who have received an academic dismissal from the program must refer to individual program readmission policies.

Graduate students not in an academic program who have received an academic dismissal may petition the Office of Academic Administration for readmission. If readmission is granted, additional admission documents may be required by the Office of Enrollment Services.

Graduate students within an academic program who have received an academic dismissal may reapply during the normal application cycle for the next available class. Should a vacancy occur in an academic program that is compatible with the matriculation of a failed student, the program may extend an invitation for application to the program. Individuals/applicants must submit required admission paperwork and fees. An invitation for application does not signify acceptance into the program. Failing students desiring to be considered for reapplication should submit a letter of intent to the Academic Department and the Office of Enrollment Services.

Registration

Registration is conducted via the University website my.adu.edu for both new and returning students. Students must select courses and submit them for advisor approval to reserve their seats in the desired courses. All remaining steps must be completed for the registration process to be finalized.

To accommodate web registration, a schedule of all courses will be published in advance of the designated term (fall, spring, or summer). The schedule includes the courses offered, sections, days, times, and building and room locations. Additionally, registration deadlines, dates and times of final exams, and other important announcements will be published.

All Adventist University students must complete the following to register for courses:

  • Attend and complete the ADU New Student Orientation.
  • Complete the required background, drug testing, and immunization requirements as outlined in your admissions/acceptance package.
  • Receive Background Check clearance.
  • Activate ADU student-issued email account.
  • Submit a passport-sized photograph and a scanned copy of a state issued driver’s license by the Drop/Add deadline.
    • This applies to Online Education students only
    • If the appropriate documents are not submitted, a registration hold will be placed for the subsequent registration term
  • Have an approved Adventist University Graduation Application on file in the Office of the Registrar to register for their final term.

Late Registration

All students must complete the registration process within the approved registration periods. Exceptions to this policy will be considered only under extenuating circumstances when students submit a Late Registration Form accompanied by appropriate documentation.

Remedial Courses

The Department of Health and Biomedical Sciences offers several remedial courses. These courses are designed to provide students with the opportunity to bring their academic skills and knowledge in particular areas up to levels that will enable them to successfully complete college-level work in those areas. As such, they are neither factored into a student’s GPA for admission to the University or professional program, nor are the credits transferable. Courses are designated Pass/No Pass. Students required to take these courses have the opportunity to take a placement test one time in an attempt to place into higher-level courses.

English

Students with an ACT score below 19 on the English portion, a combined SAT score below 910, or an SAT Critical Reading subtest score below 470 will be placed into ENGL 91 - English Review (3) .

Mathematics

Students with an ACT score below 19 on the math portion, a combined SAT score below 910, or an SAT Math subtest score below 470 will be placed into MATH 91 - Introduction to Algebra (3) . If the student chooses to take the placement exam, the score will determine which math course the student may enroll in: MATH 91 - Introduction to Algebra (3) , MATH 105  , or MATH 120 - College Algebra (3) .

Science

Students with a standard composite ACT score of less than 19 or a combined SAT score of less than 910 will be placed into BIOL 91 - Introduction to Anatomy and Physiology (3) . There is no placement testing for this area.

Repeated Courses

If a student chooses to repeat a course, the following policies apply:

  • If a course taken elsewhere is repeated at Adventist University of Health Sciences, the Adventist University course and grade will be recorded on the transcript and will be used in computing the GPA. The other course will not be transferred. Students who choose to repeat courses that have already been transferred must notify the Office of the Registrar in writing so that the transferred course may be removed from their transcript.
  • If the course was taken and repeated at Adventist University, both courses and grades will appear on the transcript. The lower grade will remain on the transcript, but the quality points will be disregarded. The higher grade will be used in computing the GPA.
  • Courses taken at Adventist University of Health Sciences must be repeated at Adventist University in order to receive grade forgiveness.

Permission to repeat a course may be limited by the policies of certain degree programs. Please consult the individual program sections of this Academic Catalog.

Residency Requirements

Associates Degree

A student must complete 50 trimester credits at Adventist University of Health Sciences to earn the Associate of Science degree. In addition, the University and each program may require a list of specific courses as part of the graduate requirement.

Baccalaureate Degree

A minimum of 50% of credits must be earned at ADU. Additionally, the University and each program may list specific courses as part of the graduation requirement

Completion Programs

For those entering a Baccalaureate completion program, a minimum of 36 hours must be earned at Adventist University.

Student Conduct

Adventist University of Health Sciences (ADU) will admit and retain only those students who demonstrate by their conduct that they are in accord with its mission and standards outlined in the Student Handbook. These objectives and standards can be found summarized in the Student Handbook policies and procedures, which is available electronically through the ADU website. Students who register for classes agree to accept and abide by the standards and regulations of a Seventh-day Adventist University.

Student Grievance Policy

Students with grievances which are not covered under the Academic Appeal Policy (Academic Catalog) or the Discipline Policy (Student Handbook) are encouraged to take the appropriate steps to resolve the issue informally by discussing it directly with the individual(s) involved. If informal resolution is not possible or the issue was not resolved, students may submit a written grievance to the Office of Student Services within ten business days of the incident. The Office of Student Services will investigate the case and respond to the student in writing within ten business days.

Time Limits for Completion of a Program

  • Certificates (one-year) 24 months
  • A.S. degrees 48 months
  • B.S. degrees 84 months
    • B.S. Biomedical Sciences
    • B.S. Health Sciences
    • B.S. Nuclear Medicine Technology
    • B.S. Nursing
  • Bachelor’s completion degrees 60 months
    • B.S. Diagnostic Medical Sonography (DMS)
    • B.S. Radiologic Sciences (R)
    • R.N. to B.S.N. - Nursing (N)
  • Bridge programs 84 months
    • BSDMS bridge
    • BSRS bridge
    • BSN bridge

Students may request short extensions beyond these time limits by submitting a petition to the department chair. The decision either to grant or deny such a request is final.

Refer to individual graduate program policies to determine time limits for completion of a respective program.

Transcripts

Adventist University of Health Sciences and Parchment have partnered to provide transcripts of a student’s academic record via the secure transcript request portal. Regardless of the mode of delivery, U.S. postal mail or electronically, all transcript requests will have a minimum service fee of $5.00 per request. Additional charges will be applied for expedited and international services. Telephone or e-mail requests cannot be honored. Official transcripts will not be issued to students with unpaid accounts or those who are in default on federal loan payments and/or who owe a repayment on any federal grant unless the student can provide official documentation that arrangements have been made with the lending institution.

Transfer of Credit for Undergraduate Students

College-level credit earned at another institution will be transferred and applied toward degree requirements under the following policies. Grades and quality points are not transferable and will not be added or reflected in the Grade Point Average (GPA).

For more information on transferrable credits, visit our Transfer Evaluation System.

  1. All credit must appear on an official transcript from the original institution at which the credit was earned.1
  2. Foreign transcripts must be evaluated (course-by-course evaluation) and/or translated by an evaluation organization approved by Enrollment Services. Information regarding the approved organizations may be obtained from the Office of Enrollment Services.
  3. Only general education courses that are required in the curriculum of the student’s professional program will be transferred.
  4. Only courses with a minimum grade of “C” (2.00) will be considered for transfer. Courses considered equivalent with grades of “P” (Passing) or “S” (Satisfactory) as the final grade will be evaluated individually, based on the institution’s interpretation of a passing grade.
  5. Transfer credit will be placed on a student’s transcript during the first trimester in which the student enrolls as a degree-seeking student. Time limits on prerequisite courses are based on date of acceptance to the University rather than the date of entrance to the degree program.
  6. Math, science, and computer courses must have been completed within five years of acceptance to Adventist University of Health Sciences.2 Courses completed more than five years before the date of acceptance will require the student to validate competency by passing a challenge examination or by enrolling in the appropriate course or courses.
  7. All other general education courses must have been completed within seven years of acceptance to the University, unless the courses are encapsulated in an earned degree.3, 5
  8. The total number of credits transferred may not exceed those allowed by the residency policy.
  9. Students who wish to transfer courses from a professional program (for example, a nursing course) must petition the respective department for evaluation of credit.
  10. Courses that are not clearly defined on a transcript may not be automatically transferred. The student will be asked to submit course descriptions and/or syllabi for further evaluation.
  11. Current Adventist University students wishing to take coursework at another college or university while enrolled at Adventist University of Health Sciences may do so only after receiving permission from their department chair and the Office of Academic Administration. The student must file a Petition for Transient Letter Form with the Registrar no fewer than 15 business days before registration at the other institution. Please refer to the Transient Policy.
  12. The credit-granting institution must have regional accreditation.4
  13. Transcripts and/or diplomas received from institutions affiliated with regionally accredited U.S. institutions will not be subject to an independent transcript evaluation.

1 A transcript is considered official when stamped with the school seal, signed by the appropriate school official, and received in a sealed envelope. Adventist University of Health Sciences will accept transcripts submitted by students as official documents only when in a sealed envelope.
2 Transfer students entering any bachelor’s completion program or certificate with an A. S. degree or higher may be exempt from the five-year limit on math, science, and computer courses. Please refer to the program section of the Academic Catalog.
3 If a student has a break in enrollment at Adventist University of Health Sciences of longer than one year, the time limit policy will be applied, based on the trimester the student re-enters the University.

4 If the institution was placed on provisional status or lost its accreditation (by the regional accrediting body to which it belongs) at the time of the student’s attendance, those courses will be evaluated on an individual basis. If the institution was placed on candidacy status at the time the student took the course, Adventist University of Health Sciences will accept the courses for transfer under general Adventist University guidelines. If the institution was regionally accredited at the time the student took the course, but is no longer accredited or is on provisional status at the time of transfer evaluation, Adventist University of Health Sciences will accept the courses for transfer under general Adventist University guidelines.

5An English Composition course that exceeds the general education time limit may be eligible for transfer of credit if the student successfully completed English Composition II (or equivalent) within the approved general education time limits.

Transfer of Credit for Graduate Students

Graduate students may petition to transfer credits from other regionally accredited institutions of higher learning. No more than twelve graduate semester hours may be transferred in to the graduate program of study. Only courses which fulfill Adventist University course requirements and have been completed with a grade of “B” or better may be transferred. Transfer requests must be approved by the respective department chair. Transfer credit is not allowed for courses specific to the professional discipline. Transfer of credit is not an option for courses in the professional clinical programs.

Transient Policy

Transient Students from Another Institution

Undergraduate students seeking degrees at another college or university who wish to enroll at Adventist University of Health Sciences for one trimester are classified as non-degree seeking. In order to register as a transient student, the official transient form(s) from the student’s current institution verifying eligibility must be submitted to the Office of Enrollment Services.

Transient students who have not been previously enrolled at Adventist University, must submit an Adventist University Application with their verification document(s) to the Office of Enrollment Services.

  • Registration as a transient student does not imply acceptance to the University or to a degree or certificate program.
  • Financial Aid is not available to transient students.
  • Transient students are subject to add/drop policies that apply to Adventist University students.
  • Prerequisite coursework (if required) must be successfully completed before enrolling in the desired course(s).
  • Transient students may be asked to submit official transcripts to verify successful completion of prerequisite courses.

Adventist University Students Transient at Another Institution

Currently enrolled Adventist University undergraduate students wishing to enroll in courses at another institution must meet the following conditions:

  • Have regular academic standing.
  • The institution at which the undergraduate student wishes to take the transient course(s) must be regionally accredited.
  • Residency requirements for Adventist University must still be met. (Refer to the Residency Requirements.)
  • Prerequisite coursework must be successfully completed for the desired course.
  • Students must not exceed the Adventist University-approved course load. (Refer to the Course Load Policy.)

A Transient Letter may be issued for the following reasons:

  • The required course cannot be completed at Adventist University of Health Sciences by graduation.
  • Adventist University students residing outside Seminole, Orange, or Osceola counties wishing to complete courses in their home town during the summer trimester (does not apply to Online Education students).
  • A required course is offered at a time that would present an undue burden for the student.

Process for Granting Transient Status

  • Complete the Petition for Transient Letter Form.
  • Submit the course description(s) with the Petition for Transient Letter to the Office of the Registrar at least 15 business days before the start of the trimester.

If the undergraduate student’s request is approved, the student will be mailed a copy of the transient letter. If the request is denied, the student will be mailed notification of denial.

An approved Petition for Transient Status is valid for the requested term only.

Transfer of Credit for Transient Courses

Adventist University of Health Sciences will only accept the credit hours earned from undergraduate transient courses with a minimum grade of “C” (2.00)1. Quality points from transient courses are not recorded on the Adventist University transcript. Therefore, credits earned at another institution will not affect the University cumulative GPA.

  • Students must request that an official transcript with a record of the completed course be sent to Adventist University of Health Sciences for evaluation and transfer.
  • Transferred credit must meet the guidelines under the Transfer of Credit Policy.
  • Students may look online at my.adu.edu, to view transferred courses.

Withdrawal Policy

This policy applies to students wishing to withdraw from courses in a given trimester, from a program, or from Adventist University of Health Sciences. Such students must:

  • Obtain an Add/Drop/Withdrawal Form.
  • Meet with their appropriate department representative(s).
  • Meet with representative(s) from Financial Aid and/or Financial Services.
  • Submit the Add/Drop/Withdrawal Form with all required signatures to the Office of the Registrar.

Students who temporarily leave the University will be given a withdrawn status if they are gone for more than two academic periods. Students who attend other institutions after leaving will be required to provide updated official transcript(s) for evaluation upon re-entry to Adventist University.

International Student Regulations

Adventist University of Health Sciences is enriched by the diverse body of international students on campus. It is our goal to educate international students as to their responsibility as the recipient of an F-1 Visa from the United States Government. The following information will help explain how to stay in status. Failing to maintain status is serious and could result in removal (deportation). It is each student’s responsibility to make sure that all Department of Homeland Security (DHS) rules and regulations pertaining to international students are observed.

The International Student Advisor (ISA) in the Office of Enrollment Services is happy to assist our students with documentation, application for Practical Training, and other individual needs. The following regulations apply to currently enrolled international students only. Adventist University is currently accepting a limited number of applications from new international students requiring an F Visa. Contact the Office of Enrollment Services for pre-screening criteria. Additionally, Adventist University of Health Sciences does not admit international students on Probation status. A minimum cumulative GPA of 2.50 must be presented during admission review in order to be eligible to study at the University.

Academic Requirements

All F-1 students are required to enroll in no fewer than 12 credits per trimester. Please refer to “Permission to Fall Below Full-Time Status” for limited exceptions to this rule.

General Requirements

All international students are expected to stay in close contact with the International Student Advisor. Notification of travel, dropping and adding courses, employment arrangements, and anything else that may affect an international student’s status must be communicated to the International Student Advisor.

Obtaining a Social Security Card

Effective October 13, 2004, the Social Security Administration will not accept an application for a social security number from an F-1 student who will be engaged in on-campus employment unless the student has both a letter from the Designated School Official and proof of employment. For more information, visit http://www.ssa.gov/ssnumber/. Please contact the International Student Advisor for more information or assistance.

On-Campus Employment

On-campus employment is defined as employment on the University’s premises. This would permit eligible F-1 students to work on campus for 20 hours per week or less. Working over 20 hours per week cannot be authorized. F-1 students who are maintaining their status by enrolling in no fewer than 12 credits per trimester may work beginning with their first term at the University. Florida Hospital is considered on-campus employment.

Off-Campus Employment

Students with an F-1 visa are strictly prohibited from working off campus. Only three exceptions apply to this rule:

  • Severe financial hardship - If an F-1 student has been enrolled at Adventist University of Health Sciences for one full year and can exhibit severe financial hardship, he or she can appeal to the government for permission to work off campus for up to 20 hours per week.
  • Clinical requirements - If an F-1 student is required to complete clinicals at a location other than one of the seven Florida Hospitals located in Orlando, he or she must be authorized for Curricular Practical Training (CPT).
  • Optional Practical Training (OPT) - Th is option is available to international students once they have graduated from a degree program and plan to work in the field related to their degree.

The International Student Advisor must be consulted for any of these off -campus employment options. If an F-1 student is found to be working off -campus without CPT or economic hardship authorization, he or she will be terminated from Student and Exchange Visitor Information System (SEVIS) immediately and must exit the country as soon as possible. Any appeals for reinstatement will be automatically denied by the U.S. Citizenship and Immigration Services (USCIS).

Traveling

F-1 students planning to travel out of the country during school breaks should contact the International Student Advisor no fewer than two (2) weeks before their departure date. The Advisor must sign the student’s I-20 before leaving the country to ensure a smooth return into the United States. The signature on the student’s I-20 is good for one year only.

The ISA will also give the F-1 student a letter stating that the student is in good standing with the University. Once the student has returned to the United States, he or she must make an appointment with the ISA to deliver copies of any new travel documents.

Permission to Fall Below Full-Time Status

There are three main instances in which F-1 students may legally fall below full-time student status (12 credits per trimester). They are:

  • Language difficulty (this can only be authorized for the student’s first trimester).
  • Medical reasons (will be approved only with proper documentation from a Medical Doctor, Doctor of Osteopathy, Psychologist, or Psychiatrist).
  • Final trimester of study.

If any student would like to use one of these options, the International Student Advisor must be consulted for proper documentation in SEVIS. All other international students have the responsibility to maintain at least 12 credits per trimester. If 12 credits are not maintained, the student will fall out of legal status.

Permanent Residency Application

Once an F-1 student has filed an I-485 Form with USCIS to apply for Permanent Residency and has received a Notice of Action from USCIS, that student is no longer required by law to maintain full-time student status. However, Adventist University of Health Sciences strongly recommends to its F-1 students with a Notice of Action that they continue to maintain full-time student status in the event that the Notice of Action is withdrawn. Please consult with the International Student Advisor as to the best course of action in this situation.

Optional Practical Training (OPT)

Optional Practical Training (OPT) is a temporary employment benefit extended to F-1 students after graduation who have been maintaining their full-time student status for at least one full academic year. Its purpose is to give students the opportunity to gain work experience related to their degree, and is limited to 12 months total for each degree level in a field directly related to the students’ course of study. A 17-month Science, Technology, Engineering, and Mathematics (STEM) extension for OPT is available to graduates of the B.S. Biomedical Sciences or B.S. Health Sciences degrees only. For more information on this STEM extension, please contact the International Student Advisor.

Students with an active I-20 cannot attend school to pursue a degree while completing OPT. Students are allowed to take up to 6 credits of courses per trimester while on OPT as long as a degree is not being pursued. Optional Practical Training (OPT) authorization expires the day an international student enrolls in a new academic program with an I-20 prior to the expiration of the OPT. Part-time classes may be taken for enrichment purposes only during OPT.

To apply for OPT, make an appointment with the International Student Advisor at least three months prior to the date of graduation. Do not apply for OPT if you think you may not graduate on time.

Requirements Following Graduation

Students graduating from an Associate of Science degree program intending to pursue a Bachelor of Science degree program at Adventist University of Health Sciences should see the International Student Advisor, once acceptance to the B.S. program has been obtained and no less than one month before graduation for an updated I-20.

After graduation, all F-1 students have a 60-day grace period before returning to their home country or enrolling in a new academic program. If no arrangements are made to maintain legal status in the United States, the student will be in violation of their F-1 status on the 61st day after graduation.

Keep in Touch

One of the most common difficulties encountered by international students is miscommunication. Abiding by the government regulations pertaining to F-1 students is the responsibility of each F-1 student, but the International Student Advisor is always willing to assist with questions. It is very important to keep in touch with the International Student Advisor, and you can do so by calling 407-303-7742 or 407-303-7747, ext. 110-6111.