Author Archive: kaiyen

Dear University General Counsel,*

I write to ask you to help foster an environment of creativity, innovation, and to engage us in how to push the envelope, rather than present to us the dimensions of said container and the strength of the glue that keeps contents within.

I ask that you consider how important innovation is to the process of learning and teaching.  That it is a powerful skill and force within an organization that benefits all.

I ask you to see the thread that ties innovation and experimentation with effective execution and meaningful results.  Thinking outside of the box doesn’t have to mean that we’re just coming up with crazy ideas.  We can think outside of the box and come up with solutions that will immediately impact everything that faculty, students and staff touch and use.

I ask that you help create an environment where we seek not to copy someone else’s RFP on “some-technology-someone-else-is-already-doing-exactly-the-way-we-are-thinking-of-doing” but instead to be the ones that write the very first such request for proposal.  Let us live in a place where we set the trend

I challenge you to fling wide the gates labeled FERPA and PRIVACY.  I urge you to knock – nay, tear – down those gates and turn them into paths.  Wide paths upon which we can walk and find our way to new solutions while staying within the right boundaries.

I challenge you to always ask us what we want to do next, rather than to tell us what we cannot do today.

I challenge you to stand with us as we forge into new territory, rather than be in the shadows, waiting to be called upon.

I ask that you let us – upper management, CTOs and CIOs – surround ourselves with the best and brightest.  I challenge you to let us let them run wild.

I challenge you to let us run wild with them.

sincerely,
allan

*this is not directed at any specific university, much less my own.  This is a general comment on the need to unshackle many of those that are trying to innovate in technology & higher ed but are held back by legal concerns.  I think that should be obvious by the time you’ve read

A hot topic for some time now in Higher Education is outsourcing.  Generally, this has taken the form of using Google for e-mail.  In fact, other than a handful that use Microsoft’s live@edu for e-mail…I can’t think of anyone else doing anything through outsourcing.  No storage, no running of Exchange in the cloud, etc.

Having said that, this is a really heated and controversial topic for a number of reasons.  There is the legal one – FERPA states, essentially, that an educational institution cannot provide student information to an outside organization.  Whether having Google host your e-mail, which is relatively secure behind encryption, etc, is violating FERPA has often been based on interpretation by General Counsel.  Second, I am convinced that there is a strong belief that university data should stay on university servers.  Even more than what most companies feel at an emotional, possessive and perhaps maternalistic level, universities have this suspicion about letting data go.  Academia is free and intellectually unbound and independent – to host data at Google is like selling one’s soul.

Personally, I’m interested in taking this a step further.  Let’s talk about outsourcing as a strategy.  Right now, universities that have gone to Google have done so out of cost savings.  No storage servers, fewer admins, etc, and you save money in providing e-mail to faculty, staff, and students.  This is often the end of the discussion.

But if one were to take the emotional aspect out of things, and presume (fiat power!) that the school’s interpretation of FERPA allows for off-campus storage of student data, then one can start applying more strategy-based approaches to outsourcing. (more…)

Recently, it seems like all I ever hear is how, because there is such great certainty that students or other customers will just break the rules anyway, we should plan for the exceptions, rather than modify and/or enforce actual policy.

For instance, since we know that students routinely share account information with each other, we should not trust our academic integrity policies that specifically forbid such behavior.

Or, even though “covered” data – a document or set of documents that would jeopardize one’s electronic identity, such as Social Security Numbers, addresses, etc – is not allowed to be kept anywhere for an extended period of time, since we know that some will violate this anyway, we should limit resources rather than pursue new initiatives.  We should essentially box everyone in through limitations on functionality in order to prevent those that break the rules from doing so.

Managing for exceptions rather than believing in and enforcing rules is simply a recipe for anarchy.  If we cannot believe in the sanctity of our regulations and policies, then why do we bother having them at all?  Yes, we need to make sure that penalties are levied when people violate those policies.  But when I bring that up, people often just say “but they don’t mind the penalties anyway.”  Then increase the fine!  Put people on probation!  Revoke access to needed resources!  Make the penalty hurt.  Don’t just stop innovating, stop improving others’ jobs, and lose faith in the policies themselves.

Let’s put this simply:  if we did not believe that people would follow our system’s laws, then why bother having laws?  And how do we make sure that people obey laws?  By penalizing the heck out of violators such that only a very small subset would dare take on such punishment.  Major crime?  Years and years in prison.  Park in a handicap spot?  Really big monetary fine.  Whether it’s time in jail or money out of pocket, make it so that people follow the law.  Only then will we have faith in the law, and only then do we avoid anarchy.

When it comes to provision of services, if we operate under the presumption that people will just ignore policy, then we are just making excuses not to provide new solutions.  And in some cases, to purposely limit options so that people will have fewer opportunities to violate protocol.

And the last thing we should do, in academia and in academic technology, is to focus on how to prevent people from improving their ability to get work done.