UC Santa Cruz is the only campus with union representation for its senate members, and since the faculty association (SCFA) has the right to bargain over local employment issues, it has determined that the university failed to meet its basic contractual obligations when it signed off on an online program without union approval.  Meanwhile, UC-AFT is also in the process of filing grievances over a similar set of issues, and now we are moving to a confrontation that could have national implications.
In the SCFA Request for Information letter to the university, the Faculty Association points out that the recent deal with Coursera conflicts with several legal and contractual requirements.  The first issue concerns who owns the intellectual property of a faculty lecture or class: ?In  2000, CUCFA  successfully  lobbied  for  legislation  establishing  that individual  professors,  and  not  the  University,  own  the  intellectual  property  in  their live  performances  and  course  materials. . .  Viewed  within  this  legal  framework  the contract  template  that  faculty  will  be  expected  to  sign  before  their  courses  can become  available  on  Coursera  appears  to  put  the  UCSC  campus  in  the  position of  becoming the  publisher  of  this  material  on  Coursera  and  other  platforms.? In other words, UC is asking faculty to sign away their intellectual property rights.
The faculty contract with Coursera states the following: "I  hereby  irrevocably grant the University  the  absolute  right  and  permission  to  use,  store,  host,  publicly broadcast, publicly  display,  public[sic]  perform,  distribute,  reproduce  and digitize  any Content that  I  upload,  share  or  otherwise  provide  in  connection with  the  Course or my  use  of  the  Platform,  including  the  full  and  absolute right to use  my  name,  voice,  image  or  likeness  (whether  still,  photograph  or  video) in connection therewith,  and  to  edit, modify,  translate  or  adapt  any  such Content.? So UC is using Coursera to get faculty to sign over their courses, intellectual property, and their IDENTITIES. Forgive me for being paranoid, but does this mean that if a faculty member signs this deal, they no longer own their own name, face, or image? 
As the SCFA argues in its letter to the university, the UC should have first bargained with the union before it signed a contract with Coursera that changed the terms and conditions of UCSC senate faculty.  This same problem is currently facing lecturers, where the UC has also failed to bargain with UC-AFT before it started several online programs affecting the terms and conditions of lecturers? employment.  
SCFA has asked the university the following important questions: ?Was  there  a confidentiality  agreement  between  Coursera  and  the  campus?  If  so,  at   whose initiative  was  such  an  agreement  undertaken?  Who  were  the parties to  this   agreement  on  UCSCs  side?  If  any  Senate  faculty  were  parties  to the  agreement, does  the   administration  consider  them  to  have  been  acting on  behalf  of  the Senate?  Was  there   any  other  form,  official  or  unofficial, in  which  the  Senate was  consulted  prior  to  signing   the  contract  with Coursera? Has  any  member of SCFA's  bargaining  unit,  other  than administrators,  signed  the   agreement needed  to  post  their  classes  on Coursera?? The implication of these questions is that the university administration circumvented both the academic senate and the faculty union by making a deal with Coursera, and this deal may include a confidentiality agreement that would force the university to hide the details from its own faculty.   
In light of Senator Steinberg?s recent push to have UC students take courses with online providers, everyone should be concerned about the level of secrecy in the current deals with Coursera.  
 
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