University Policies

Research Involving Humans

The Tri-Council Policy Statement on “Ethical Conduct for Research Involving Humans” www.pre.ethics.gc.ca/english/policystatement/policystatement.cfm   establishes the procedures and standards for the ethics review of research involving human subjects across Canada. All graduate student and faculty research projects involving human subjects must be reviewed by the Laurier Research Ethics Board (REB) prior to the commencement of the project. The procedures to be followed by the researcher and by the REB are described on the Research Office web page “Ethics Review at Laurier”: http://cubic.wlu.ca/homepage.php?grp_id=1430 In addition, documents and forms to assist faculty and students to prepare an ethics review are available at www.wlu.ca/page.php?grp_id=1430&s_id=1560 . Contact Sally Gray, Manager of Research Services (ext. 3131) for further information or assistance.

Research Involving Animals

Under the Ontario Animals for Research Act and the Canadian Council of Animal Care Guidelines for the Care and Use of Experimental Animals, it is a requirement that anyone conducting research or involved in testing or teaching projects which require the use of animals must obtain approval of the Wilfrid Laurier University Animal Care Committee (WLUACC) before commencing the project. There must be an approved protocol for all procedures involving the use of vertebrate and certain invertebrate (in particular, octopi and squid) animals in research by faculty, graduate and undergraduate students, research associates and all other personnel, regardless of source of funding. Protocols for non-faculty members must be submitted under the name of the faculty member supervising the project. All animal research or teaching projects administered by the University that are to be conducted in the field or in a facility not owned by Wilfrid Laurier University, must be covered by an approved protocol. No experiment or project may be initiated until full approval has been obtained. Animal Use Protocol Forms are available on the Research Office web site at http://cubic.wlu.ca/forms.php?grp_id=1431 . For assistance, please contact Janet Bannister, Administrative Assistant (ext. 3130).

Ownership of Student-Created Intellectual Property

While no policy can anticipate or cover all possible situations, this policy is intended to cover the rights of current and former Laurier students, both while attending the University and after they leave the University, whether with or without a degree. Similarly, while it is difficult to provide a definitive definition of intellectual property (IP), the Government of Canada (Consumer and Corporate Affairs Canada; “Intellectual Property: What It Means To You”) indicates that there are at least six types of IP: Patents, for inventions and the creation of new kinds of technology; copyrights, for literary, artistic, dramatic and musical works; trademarks, for words, symbols or pictures used to distinguish the goods or services of one person from those of another; industrial designs, for the shape, pattern or ornamentation of an industrially-produced object; integrated circuit topographics; plant breeders rights. At Laurier, given its mission and types of undergraduate and graduate programs, the most likely type of intellectual property to be created includes theses, dissertations, cognate essays, research papers, books, poems, plays, scripts, essays, articles, dictionaries, maps, lyrics, musical scores, sculptures, paintings, photographs, films, videos, tapes, computer software, databases, records, cassettes and inventions (new kinds of technology). To be copyrighted, and therefore protected by law, an item must satisfy three criteria: a. it must be an original creation; b. it must be a specific expression of an idea, not the idea itself; and c. the item must be fixed in a physical form. These creations may occur via term papers, theses or dissertations, research or cognate essays, course projects, cases, studio or laboratory assignments, etc. Ownership rests initially with the author of the work, unless an author has been employed to create a work, in which case the copyright rests with the employer. It should be stressed, as well, that once a piece of work has been accepted for publication by a journal or a publisher, in the absence of an agreement to the contrary, it is the publisher who owns the work. Finally, because a copyright can be held by the creator for life, plus another 50 years, copyright-eligible work created by a student remains his or her property for life, plus an additional 50 years. Disputes over ownership, in whole or in part, may occur in team or collaborative work, where many individuals may have contributed to the creation of the work over a lengthy period of time. Disputes may also occur when someone other than the creator (i.e., the student) publishes the work after the student has left the University. Or, disputes may arise over authorship credit or the order of authorship for the work.

Intellectual Property Rights of Students

Students who submit work to the University (e.g., data sets, exams, tests, computer software, cases, projects, theses, dissertations, lab reports, cognate essays, research papers, musical scores, plays, lyrics, art work, poems, films, etc.) which is eligible for copyright protection, and which is submitted as a requirement of an academic program, are entitled to sole copyright ownership (see Requirements for Submitting a Master’s Thesis, Requirements for Submitting a Doctoral Dissertation and scheduling the Oral Examination, and Submission of Approved Master’s Thesis or Doctoral Dissertation for Binding). Works, in whole or in part, created while a student is employed by a professor or a contracting agency are not owned by the student. Students have no rights, unless by prior written agreement, to any intellectual property created because of being employed by the University or by a contracting agency. If a thesis/dissertation/cognate essay/research project is to be completed while employed through an external contract or contribution agreement, students must be informed, in writing, of the terms of the contract, including stipulations concerning confidentiality, intellectual property ownership and publications. It is in the interest of students, faculty and the University to ensure that students’ publication rights for work completed as a program requirement are protected by the terms of a contract or contribution agreement. Where the work submitted is part of a team project or a program of research, ownership may be attributed to more than one individual (student, staff, faculty) according to a written agreement signed by all parties who contributed to the work, regardless of the duration of the project or program. For rights to authorship on papers, books or reports prepared by faculty, there must be a significant intellectual and creative contribution to the work and there must be a sharing of responsibility and accountability for the content of the work by students. Before a work is submitted for publication, a student co-author must have the right to review and approve the draft manuscript, including the order of authorship. For a subsequent work based primarily on the student’s own dissertation/thesis/research paper/cognate essay/case/musical composition, the student should have the right of first refusal to senior authorship, regardless of whether the final copy of the work is prepared by the student or the professor. Second authorship for a professor is not required, nor should it be expected, if the professor mainly provides encouragement, physical facilities, financial support, critiques, or editorial contributions. In these cases, a footnote acknowledging assistance or a contribution may be sufficient. Where the research of a student and a professor results in an invention that may be patented, a memorandum of agreement should be written and signed, with the assistance of the Office of Research and/or lawyers for all parties. In this agreement, the rights of the student, the professor and the University should be identified.

Dispute Resolution

Any dispute with respect to the ownership or use of intellectual property created by a student should be dealt with promptly, in accordance with the following procedures: Firstly, the student should attempt to resolve the matter by discussions with all parties involved in the creation of the work - e.g., faculty member(s), other students, former students, staff, etc. who previously contributed to the work. If the above procedure does not resolve the matter to the satisfaction of the student or alumnus, submit concerns, in writing, with evidence, to the Dean of Graduate Studies and Research, who will strive to serve as an informal mediator to resolve the dispute. The Dean, if unable to resolve the matter, will establish an Ad Hoc Committee of Inquiry (comprised of two senior faculty, one to serve as Chair, and one graduate student, all from outside the academic sub-unit(s) or department(s) involved) to review the evidence and recommend to the Dean, how the matter can be resolved, including a recommendation that the University take disciplinary action against a faculty member or against a student for a malicious or fraudulent complaint. The recommendation(s) of the Committee will be forwarded by the Dean to the Vice-President Academic for action. Any disciplinary action taken against a full-time faculty member shall be subject to the provisions of the Collective Agreement between Wilfrid Laurier University and the Wilfrid Laurier University Faculty Association.

Office of the Ombudsperson

Dennis Willfang Ombudsperson (519) 884-0710 ext. 3637 www.wlu.ca/~wwwombud Arts Building, Third Floor, Room 3A4 ombuds@wlu.ca The following are excerpts from the Terms of Reference for the Ombudsperson at Wilfrid Laurier University. A copy of the complete Terms of Reference for the Office of the Ombudsperson may be obtained from that office. Consulting the Ombudsperson is not a substitute for first seeking help or information through normal channels. The services of the Ombudsperson will be available to staff, faculty and students at Wilfrid Laurier University’s Waterloo campus, Brantford Campus and community-based campus, Toronto. The Ombudsperson is responsible for the development, recommendation and implementation of appropriate procedures to protect those who use the services of the Office of the Ombudsperson. These procedures are to include those relevant to University matters (excepting those under the mandate of the Harassment/Discrimination Office and the Employment Equity Office). The Office ensures fair treatment in all interactions with the University as they pertain to University procedures and policies. The Ombudsperson will maintain the independence, objectivity and neutrality of the Office at all times in order to adequately investigate, or facilitate the investigation of any complaint, inquiry or grievance of an individual which may arise against the University or anyone in the University exercising authority, or to provide information regarding complaints and suggestions about rights and responsibilities at this University. The Ombudsperson may also, using discretion, initiate inquiries. The Ombudsperson will bring findings and recommendations to the attention of the President by the most expeditious means possible, and to the University community at large to the extent that is appropriate. In particular, the Ombudsperson shall identify and investigate any gaps and inadequacies in existing University procedures and policies that might jeopardize the rights of members of the Laurier community. The Ombudsperson has no power to order changes in rules, regulations, policies or procedures. The Ombudsperson has the power to investigate and to recommend.

Harassment/Discrimination Policy I.

Preamble:
Wilfrid Laurier University is devoted to learning, research, scholarship, creativity, professional expertise, and personal development in a student-centred environment. The university is committed to providing an environment for study, teaching, research work and recreation for all members of the university community that is supportive of professional and personal development and free from all forms of harassment and/or discrimination outlined in the Ontario Human Rights Code as follows:

Section 5.1: Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status or handicap.

Section 5.2: Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offenses, marital status, family status or handicap.

Section 7.2: Every person who is an employee has a right to freedom from harassment in the workplace because of sex by his or her employer or agent of the employer or by another employee.

Section 7.3: Every person has a right to be free from: a. a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or b. a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. As such, the university does not condone behaviour that may undermine work relationships or academic achievement and by this Policy declares that it will not tolerate any form of harassment and/or discrimination. Each member of the campus community is responsible for helping to create an environment which is harassment and/or discrimination free as both work and learning can best be accomplished in an environment of understanding and mutual respect for the dignity and rights of each individual. The university recognizes its responsibility to deal quickly, fairly and effectively with harassment and/or discrimination should it arise. The university accepts responsibility for the establishment of procedures for dealing with allegations of and/or recurrence of harassment and/or discrimination. Where any collective agreement to which the university is a party contains provisions relating to harassment and/or discrimination, the terms of that collective agreement shall be applied to the alleged harassment and/or discrimination for members of the appropriate bargaining unit accused of harassment and/or discrimination.

III. Grounds Covered

This policy covers the following areas whether the harassment and/or discrimination is overt (direct), indirect (differential treatment), because of association, or systemic. This policy also covers personal harassment/workplace violence. In assessing whether personal harassment/workplace violence has occurred, the standard of the "reasonable person" shall apply. For the full policy visit: www.wlu.ca/page.php?grp_id=158&s_id=146&sb_id=285&p_id=139