Answer the 9 questions for each different group of students. Your answers will help you to decide if;
At the end you can print out your results or save them as a pdf; there is space for you to annotate the results with the student group/cohort, the name of the online resources and other details.
1. Will your institution include the student(s) in its reports to regulatory bodies?
For HE institutions “reports to regulatory bodies” means the HESA Student Record and Staff Collection.
For FE institutions it means;
It would seem to be a reasonable starting point that if the authorities consider someone to be your student then publishers should too.
2. Does your institution receive fees or funding for the student(s) either from the student(s), or from funding authorities or from another educational institution?
If your institution gets funding or payment for this student from another institution, then you should record them as your own student even if you do not award their qualification.
You need to be sure that the funding or payment relates to the student and not to educational services or products that you are supplying to another institution. For example, if you get paid for designing and supplying certain course materials to another institution, the students at that other institution cannot be treated as your own. Such students may be allowed to access your licensed resources if you have an extension to the standard Chest licence.
Some care may be needed if the funding or payment comes from a private company as this might imply commercial usage which is prohibited by the standard Chest licence.
3. Would you include the student(s) in the user numbers or banding that determines the fees to be paid for your online resources?
If you consider that you’ve paid a licence fee for this type of student or this group of students then, ignoring other considerations, this is a reasonable argument for allowing them access.
But if the fee you paid wasn’t intended to cover the student(s), then you should be thinking in terms of not granting them access – but you can take other factors into account before arriving at a final decision.
4. Will personnel engaged by your institution provide the majority of teaching or research supervision to the student(s)?
If your people will teach or supervise the students, then in isolation, this suggests they can be classified as your students.
The people teaching or instructing the student don’t need to be your employees, they could be engaged under any sort of contractual arrangement. This recognises the many variations in today’s marketplace.
A ‘yes’ answer to this question is not conclusive on its own but contributes to a positive decision when other answers are taken into account.
5. Will your institution provide most of the online resources that the student(s) will use?
Again the answer to this question can’t be conclusive on its own because of the mobility of students these days and the accessibility of resources.
However, taken along with other positive answers, a ‘yes’ answer here helps build the case that for licensing purposes the student can be treated as your own.
6. Are you happy that the online resources that the student(s) must access aren’t part of a resource sharing arrangement or collaboration between your institution and another educational institution or party?
This question is driving at whether the resources are properly licensed to your institution. If your institution is the sole licensee, then clearly there isn’t a problem granting access to your own students.
But you may have concerns where, for example, the resources are in some way jointly licensed with a partner or partners of your institution.
If resources are actually licensed by one of your partners then they will need a licence extension in order to be able to grant access to your students.
7. Will the student(s) be entitled to use the same range of facilities and systems offered to all your institution’s students?
Here we’re not just talking about library resources but all sorts of amenities. For example, will this type of student or this group of students have access to all the same ICT systems, sports facilities, etc. as all other students? If these students will have more limited rights than others, or they’ll be treated in some other way which distinguishes them, they probably can’t be treated as your students without taking other factors into account.
8. Are you happy that no other educational institution or party would consider the student(s) to be theirs rather than yours?
This question looks at what the parties themselves feel.
Where there are no conflicting claims over the ‘ownership’ of a student, this helps to arrive at a decision to grant access to your online resources.
More generally this question is aimed at provoking thought about the types of partnerships that your institution has and the nature of the relationships created between the various students and your institution. It’s useful to consider what the student might think – does he consider himself to be one of your students or does he more closely associate himself with another institution?
9. Will your institution have overall responsibility for the education and conduct of the student(s)? For example, if there’s a serious instance of misconduct, can your institution take disciplinary action directly without reference to any other party?
Again we’re looking at the broader picture. It doesn’t just relate to misuse of online resources.
If your institution has authority and responsibility for the student’s academic progression, personal development, welfare and wellbeing, it’s indicative of the type of relationship you’d expect an institution to have only with its own students.
In a serious disciplinary situation your institution could deal with its own students as it deems fit but this would contrast with a similar situation where your institution would feel obliged to defer to or consult with another institution or party before taking action.
Based on your answers, these students should be allowed to use your licensed online resources.
Your answers suggest that these students may be entitled to access your licensed online resources but we’d recommend you check your responses to questions 1 to 3.
Your answers suggest that it’s unlikely that these students are entitled to use your licensed online resources. You may want to check in more detail with your legal department or the
Your answers indicate that it’s unclear whether these students should be allowed access your licensed online resources. We’d suggest you check your responses to questions 4 to 9 and discuss the detail with your legal department or the
Based on your answers, these students should not be allowed to use your licensed online resources
Whether you should treat students as your own depends on a range of factors.
You’ll have noticed that not all questions have the same significance but if you have answered ‘yes’ to most questions, it’s likely that your licence allows the student or group of students to access your online resources.
However you should look at the whole picture to see if on balance it’s reasonable to treat the students as your own.
If you have any doubts you should refer to your legal department or contact the Chest Team at Eduserv.
Even if you decide that a student can access your licensed online resources, terms and conditions apply to the use that the student can make of the resources.
Some of the key restrictions that you’ll find in most licences, including the standard Chest licence, are:
No record of these results will be kept on any Eduserv server. To preserve a copy for your reference, you can print the results.
Please check you have answered every question, then resubmit the form
Universities and colleges are often faced with situations where an individual or a group of students need to use a licensed online resource, but deciding whether they fall within the your core population can be difficult. Whether you should treat students as your own depends on a range of factors. For example, they might be studying at a partner college in UK or overseas or a student on franchised or validated courses.
This decision-maker is designed to help you find out if you can give a student or group of students access to online resources covered by the Standard Chest Agreement Licence. You can use the Decision Maker for online resources licensed under different terms but do take some care interpreting the licence terms and conditions.