Fostering Leadership in the College Classroom: Insights and Recommendations
Keywords:
Leadership, Student Engagement, Student Motivation, Learning Environment, Student EmpowermentAbstract
This article proposes the Transformative Leadership Development Model (TLDM) as a conceptual framework for fostering leadership in the college classroom. Integrating social learning theory, the Social Change Model, and leadership best practices, TLDM emphasizes collaboration, self-reflection, and student empowerment. The model bridges leadership theory and pedagogical practice by providing discipline-agnostic strategies for intentionally developing student leadership capacity. Although TLDM has not yet been empirically validated, it provides a foundation for future research and classroom experimentation. TLDM offers educators a practical framework for creating learning environments that promote leadership, engagement, and meaningful student growth.
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References
Amabile, T. M. (2018). Creativity in context: Update to the social psychology of creativity. Routledge.
Angelo, T. A., & Cross, K. P. (2018). Classroom assessment techniques: A handbook for college teachers (2nd ed.). Jossey-Bass.
Astin, A.W., & Astin, H. S. (2000). Leadership reconsidered: Engaging higher education in social change.
Astin, A. W., Astin, H. S., & Lindholm, J. A. (2010). Cultivating the spirit: How college can enhance students' inner lives. John Wiley & Sons.
Avis, J., Fisher, R., & Thompson, R. (2018). Teaching in lifelong learning 3e: A guide to theory and practice. McGraw-Hill Education (UK).
Avolio, B. J. (2007). Promoting more integrative strategies for leadership theory-building. American Psychologist, 62(1), 25.
Bandura, A., Freeman, W. H., & Lightsey, R. (1999). Self-efficacy: The exercise of control. W.H. Freeman.
Baumeister, R. F., & Leary, M. R. (1995). The need to belong: Desire for interpersonal attachments as a fundamental human motivation. Psychological Bulletin, 117(3), 497-529. http://dx.doi.org/10.1037/0033-2909.117.3.497
Black, P., & Wiliam, D. (2009). Developing the theory of formative assessment. Educational Assessment, Evaluation and Accountability (formerly: Journal of Personnel Evaluation in Education), 21, 5-31.
Bishop, J. L., & Verleger, M. A. (2013). The flipped classroom: A survey of the research. In 2013 ASEE Annual Conference & Exposition (pp. 23-1200).
Blake, R., & Mouton, J. (1964). The Managerial Grid: The Key to Leadership Excellence. Gulf Publishing Company.
Brookfield, S. D. (2017). Becoming a critically reflective teacher. John Wiley & Sons.
Brown, S. D., & Lent, R. W. (2019). Social cognitive career theory at 25: Progress in studying the domain satisfaction and career self-management models. Journal of Career Assessment, 27(4), 563-578.
Burns, A. (2022). Building Trust with Students Even Before Class Starts: How to Promote Psychological Safety in the Classroom. Retrieved from https://hbsp.harvard.edu/inspiring-minds/building-trust-with-students-even-before-class-starts
Cable, D. M., & Judge, T. A. (2003). Managers’ upward influence tactic strategies: The role of manager personality and supervisor leadership style. Journal of Organizational Behavior, 24, 197–214.
Cameron, K. S. (2013). Practicing Positive Leadership: Tools and techniques That Create Extraordinary Results. Berrett Koehler.
Carr, E., Reece, A., Rosen Kellerman, G., & Roichaux, A. (2019). The Value of Belonging at Work. Retrieved from https://hbr.org/2019/12/the-value-of-belonging-at-work
Chan, S. (1999). The Chinese learner-a question of style. Education+Training, 41(6/7), 294-305.
Chang-Bacon, C. K. (2022). “We sort of dance around the race thing”: Race-evasiveness in teacher education. Journal of Teacher Education, 73(1), 8-22.
Chickering, A. W., & Gamson, Z. F. (1987). Seven principles for good practice in undergraduate education. AAHE Bulletin, 3, 7.
Colvin, R. E. (2003). Leadership studies and liberal education. Journal of Leadership Education, 2(2), 28-36.
Crosnoe, R., Johnson, M. K., & Elder, G. H. (2004). School size and the interpersonal side of education: An examination of race/ethnicity and organizational context. Social Science Quarterly, 85(5), 1259-1274.
Danielson, C. (2013). The framework for teaching evaluation instrument.
Davis, B., Sumara, D., & Luce-Kapler, R. (2013). Engaging minds: Changing teaching in complex times. Routledge.
Day, D. V. (2000). Leadership development: A review in context. The Leadership Quarterly, 11(4), 581-613.
Day, D. V., Riggio, R. E., Tan, S. J., & Conger, J. A. (2021). Advancing the science of 21st Century leadership development: Theory, research, and practice. The Leadership Quarterly, 32(5), 101557.
Deci, E. L., Connell, J. P., & Ryan, R. M. (1989). Self-determination in a work organization. Journal of Applied Psychology, 74(4), 580.
Deci, E. L., Koestner, R., & Ryan, R. M. (1999). A meta-analytic review of experiments examining the effects of extrinsic rewards on intrinsic motivation. Psychological Bulletin, 125(6), 627.
Deci, E. L., & Ryan, R. M. (1985). Intrinsic motivation and self-determination in human behavior. Plenum.
Deci, E. L., & Ryan, R. M. (2008). Facilitating optimal motivation and psychological well-being across life's domains. Canadian Psychology/Psychologie canadienne, 49(1), 14.
Dennen, V. P. (2013). Cognitive apprenticeship in educational practice: Research on scaffolding, modeling, mentoring, and coaching as instructional strategies. In Handbook of research on educational communications and technology (pp. 804-819). Routledge.
Dopson, S., Ferlie, E., McGivern, G., Fischer, M. D., Mitra, M., Ledger, J., & Behrens, S. (2019). Leadership development in Higher Education: A literature review and implications for programme redesign. Higher Education Quarterly, 73(2), 218-234.
Dweck, C. S. (2006). Mindset: The new psychology of success. Random House.
Engelhard Jr, G., & Wind, S. (2017). Invariant measurement with raters and rating scales: Rasch models for rater-mediated assessments. Routledge.
Ennis, R. H. (2011). The nature of critical thinking: An outline of critical thinking dispositions and abilities. University of Illinois, 2(4), 1-8.
Facione, P. A. (2013). Critical thinking: What it is and why it counts. Insight Assessment: Measuring critical thinking worldwide, 1-28.
Falchikov, N., & Goldfinch, J. (2000). Student peer assessment in higher education: A meta-analysis comparing peer and teacher marks. Review of Educational Research, 70(3), 287-322.
Fiedler, F. E. (1964). A contingency model of leadership effectiveness. Advances in Experimental Social Psychology, 1, 149-190.
Fink, L. D. (2013). Creating significant learning experiences: An integrated approach to designing college courses. John Wiley & Sons.
Freeman, S., Eddy, S. L., McDonough, M., Smith, M. K., Okoroafor, N., Jordt, H., & Wenderoth, M. P. (2014). Active learning increases student performance in science, engineering, and mathematics. Proceedings of the National Academy of Sciences, 111(23), 8410-8415.
Gay, G. (2018). Culturally responsive teaching: Theory, research, and practice. Teachers College Press.
Gibson, R. (2010). The ‘art’ of creative teaching: Implications for higher education. Teaching in Higher Education, 15(5), 607-613.
Ginns, P., Prosser, M., & Barrie, S. (2007). Students' perceptions of teaching quality in higher education: The perspective of currently enrolled students. Studies in Higher Education, 32(5), 603-615.
Goodenow, C. (1993). Classroom belonging among early adolescent students: Relationships to motivation and achievement. Journal of Early Adolescence, 13(1), 21-43.
Graesser, A. C., Chipman, P., Haynes, B. C., & Olney, A. (2005). AutoTutor: An intelligent tutoring system with mixed-initiative dialogue. IEEE Transactions on Education, 48(4), 612-618.
Greenleaf, R. K. (1979). Servant leadership: A journey into the nature of legitimate power and greatness. Business Horizons, 22(3), 91-92.
Hattie, J., & Timperley, H. (2007). The power of feedback. Review of Educational Research, 77(1), 81-112.
Hatton, N., & Smith, D. (1995). Reflection in teacher education: Towards definition and implementation. Teaching and Teacher Education, 11(1), 33-49.
Hennessey, B. A., & Amabile, T. M. (2010). Creativity. Annual Review of Psychology, 61(1).
Hersey, P., & Blanchard, K. H. (1969). "Life cycle theory of leadership". Training and Development Journal, 23(5), 26-34.
Herzberg, F., Mausner, B., & Snydermann, B. (1959). The motivation to work. Wiley.
Hew, K. F., & Brush, T. (2007). Integrating technology into K-12 teaching and learning: Current knowledge gaps and recommendations for future research. Educational Technology Research and Development, 55, 223-252.
Hidi, S., & Renninger, K. A. (2006). The four-phase model of interest development. Educational Psychologist, 41(2), 111-127.
Higher Education Research Institute. (1996). A social change model of leadership development: Guidebook, version III. University of California, Los Angeles.
Highfield, C., & Rubie-Davies, C. (2022). Middle leadership practices in secondary schools associated with improved student outcomes. School Leadership & Management, 42(5), 543-564.
Hill, C. W., Jones, G. R., & Schilling, M. A. (2014). Strategic management: Theory & cases: An integrated approach. Cengage Learning.
Hollins, E. R., & Guzman, M. T. (2005). Research on preparing teachers for diverse populations. Studying teacher education: The report of the AERA panel on research and teacher education, 477, 548.
Hulac, D. M., & Benson, N. (2010). The use of group contingencies for preventing and managing disruptive behaviors. Intervention in School and Clinic, 45(4), 257-262.
Hursen, C. (2021). The effect of problem-based learning method supported by Web 2.0 tools on academic achievement and critical thinking skills in teacher education. Technology, Knowledge and Learning, 26, 515-533.
Hussin, W. N. T. W., Harun, J., & Shukor, N. A. (2018). Problem based learning to enhance students critical thinking skill via online tools. Asian Social Science, 15(1), 14.
Ikpeze, C. H. (2015). Teaching across cultures: Building pedagogical relationships in diverse contexts. Springer.
Ishikawa, J. (2012). Transformational leadership and gatekeeping leadership: The roles of norm for maintaining consensus and shared leadership in team performance. Asia Pacific Journal of Management, 29, 265-283.
Johnson, C. E. (2019). Meeting the ethical challenges of leadership: Casting light or shadow (6th ed.). Sage Publications.
Johnson, D. W. (1994). Cooperative learning in the classroom. Association for Supervision and Curriculum Development.
Johnson, D. W., & Johnson, R. T. (1999). Making cooperative learning work. Theory into Practice, 38(2), 67-73.
Johnson, D. W., Johnson, R. T., & Smith, K. A. (2000). Constructive controversy: The educative power of intellectual conflict. Change: The Magazine of Higher Learning, 32(1), 28-37.
Johnson, D. W., Johnson, R. T., & Smith, K. A. (2014). Cooperative learning: Improving university instruction by basing practice on validated theory. Journal on Excellence in College Teaching, 25(4), 1-26.
Jonassen, D. H. (2004). Learning to solve problems: An instructional design guide (Vol. 6). John Wiley & Sons.
Juwah, C., Macfarlane-Dick, D., Matthew, B., Nicol, D., Ross, D., & Smith, B. (2004). Enhancing student learning through effective formative feedback. The Higher Education Academy, 140, 1-40.
Kay, R. H. (2012). Exploring the use of video podcasts in education: A comprehensive review of the literature. Computers in Human Behavior, 28(3), 820-831.
Khalifa, M. A., Gooden, M. A., & Davis, J. E. (2016). Culturally responsive school leadership: A synthesis of the literature. Review of Educational Research, 86(4), 1272-1311.
Kiersch, C., & Peters, J. (2017). Leadership from the inside out: student leadership development with authentic leadership and servant leadership frameworks. Journal of Leadership Education, 16(1).
Koh, M. H., & Hill, J. R. (2009). Student perceptions of groupwork in an online course: Benefits and challenges. International Journal of E-Learning & Distance Education/Revue international du e-learning et la formation a distance, 23(2), 69-92.
Koubel, G. (2013). Decision-making in professional practice. Professional Development, Reflection and Decision-Making in Nursing and Healthcare, 109.
Kolb, D. A. (2015). Experiential learning: Experience as the source of learning and development (2nd ed.). FT Press.
Komives, S. R., Longerbeam, S. D., Owen, J. E., Mainella, F. C., & Osteen, L. (2006). A leadership identity development model: Applications from a grounded theory. Journal of College Student Development, 47(4), 401-418.
Kouzes, J. M., & Posner, B. Z. (2013). The five practices of exemplary leadership: How ordinary people make extraordinary things happen. Encyclopedia of Management Theory, Kessler, E. H. (ed.). Sage.
Kouzes, J. M., & Posner, B. Z. (2023). The leadership challenge: How to make extraordinary things happen in organizations. John Wiley & Sons.
Lombardi, M. M., & Oblinger, D. G. (2007). Authentic learning for the 21st century: An overview. Educause Learning Initiative, 1(2007), 1-12.
Leithwood, K., Harris, A., & Hopkins, D. (2008). Seven strong claims about successful school leadership. School Leadership & Management, 28(1), 27-42.
Levesque, C., Zuehlke, A. N., Stanek, L. R., & Ryan, R. M. (2004). Autonomy and competence in German and American university students: A comparative study based on self-determination theory. Journal of Educational Psychology, 96(1), 68.
Locke, E. A., & Latham, G. P. (2006). New directions in goal-setting theory. Current Directions in Psychological Science, 15(5), 265-268.
Luschei, T. F. (2014). Assessing the costs and benefits of educational technology. Handbook of Research on Educational Communications and Technology, 239-248.
Lyubovnikova, J., Legood, A., Turner, N., & Mamakouka, A. (2017). How authentic leadership influences team performance: The mediating role of team reflexivity. Journal of Business Ethics, 141, 59-70.
Main, K. (2018). Walking the talk: Enhancing future teachers’ capacity to embed social-emotional learning in middle years classrooms. Educational Sciences, 8(3), 143.
McArthur, J. A., & Bostedo-Conway, K. (2012). Exploring the relationship between student-instructor interaction on Twitter and student perception of teacher behaviors. International Journal of Teaching and Learning in Higher Education, 24(3), 286-292.
McLoughlin, C., & Lee, M. J. (2007). Social software and participatory learning: Pedagogical choices with technology affordances in the Web 2.0 era. In ICT: Providing choices for learners and learning. Proceedings ascilite Singapore 2007 (pp. 664-675). Centre for Educational Development, Nanyang Technology.
McLoughlin, C., & Lee, M. J. (2008). The three P's of pedagogy for the networked society: Personalization, participation, and productivity. International Journal of Teaching and Learning in Higher Education, 20(1), 10-27.
Means, B., Toyama, Y., Murphy, R., Bakia, M., & Jones, K. (2009). Evaluation of evidence-based practices in online learning: A meta-analysis and review of online learning studies.
Mishra, P., & Koehler, M. J. (2006). Technological pedagogical content knowledge: A framework for teacher knowledge. Teachers College Record, 108(6), 1017-1054.
Moon, J. A. (2013). A handbook of reflective and experiential learning: Theory and practice. Routledge.
Morales, K., & Johnson, C. (2023). Reflection and Sense of Connection and Caring Between Faculty and Students. Retrieved from https://www.scholarlyteacher.com/post/reflection-and-sense-of-connection-and-caring-between-faculty-and-students
National Association of Colleges and Employers. (2021). NACE career readiness competencies. Retrieved from https://www.naceweb.org/career-readiness/competencies/career-readiness-defined/
Nickerson, R. S. (1999). Enhancing creativity. In R. J. Sternberg (Ed.), Handbook of Creativity (pp. 392-430). Cambridge University Press.
Orth, U., & Robin, R. W. (2014). The development of self-esteem. Current Directions in Psychological Science, 23(5), 381-387.
Palincsar, A. S., & Brown, A. L. (1984). Reciprocal teaching of comprehension-fostering and comprehension-monitoring activities. Cognition and Instruction, 1(2), 117-175.
Panitz, T. (1999). Collaborative versus cooperative learning: A comparison of the two concepts which will help us understand the underlying nature of interactive learning. Cooperative Learning and College Teaching, 8(2), 5-6.
Pashler, H., McDaniel, M., Rohrer, D., & Bjork, R. (2008). Learning styles: Concepts and evidence. Psychological Science in the Public Interest, 9(3), 105-119.
Pianta, R. C. (1999). Enhancing relationships between children and teachers. American Psychological Association.
Picciano, A. G., Dziuban, C. D., Graham, C. R., & Moskal, P. D. (Eds). (2021). Blended learning: Research perspectives, Volume 3.
Prince, M. (2004). Does active learning work? A review of the research. Journal of Engineering Education, 93(3), 223-231.
Reeve, D., Evans, G., Simpson, A., Sacks, R., Olivia-Fischer, E., Rottmann, C., & Sheridan, P. (2015). Curricular and Co-Curricular Leadership Learning for Engineering Students. Collected Essays on Learning and Teaching, 8, 1-16.
Reeve, J. (2002). Self-determination theory applied to educational settings. In E. L. Deci & R. M. Ryan (Eds.), Handbook of self-determination research, 2, 183-204.
Reeve, J. (2006). Teachers as facilitators: What autonomy-supportive teachers do and why their students benefit. Elementary School Journal, 106(3), 225-236.
Richardson, V. (2003). Constructivist pedagogy. Teachers College Record, 105(9), 1623-1640.
Rimm-Kaufman, S. E., Baroody, A. E., Larsen, R. A., Curby, T. W., & Abry, T. (2015). To what extent do teacher-student interaction quality and student gender contribute to fifth graders' engagement in mathematics learning? Journal of Educational Psychology, 107(1), 170.
Robbins, S. B., Lauver, K., Le, H., Davis, D., Langley, R., & Carlstrom, A. (2004). Do psychosocial and study skill factors predict college outcomes? A meta-analysis. Psychological Bulletin, 130(2), 261.
Robinson, V. M., Lloyd, C. A., & Rowe, K. J. (2008). The impact of leadership on student outcomes: An analysis of the differential effects of leadership types. Educational Administration Quarterly, 44(5), 635-674.
Rogers, C. R. (1951). Client-centered therapy. Houghton Mifflin.
Roorda, D. L., Koomen, H. M., Spilt, J. L., & Oort, F. J. (2009). The influence of teacher-student relationships on students' school engagement and achievement: A meta-analytic approach. In SRCD Biennial Meeting, Location: Denver, Colorado, USA.
Roseth, C. J., Johnson, D. W., & Johnson, R. T. (2008). Promoting early adolescents' achievement and peer relationships: The effects of cooperative, competitive, and individualistic goal structures. Psychological Bulletin, 134(2), 223.
Rutherford, S. (2023). Are you seeking student engagement...or obedience? The Best of the 2023 Teaching Professor Conference, Magna Publications (21-24).
Ruzek, E. A., Hafen, C. A., Allen, J. P., Gregory, A., Mikami, A. Y., & Pianta, R. C. (2016). How teacher emotional support motivates students: The mediating roles of perceived peer relatedness, autonomy support, and competence. Learning and Instruction, 42, 95-103.
Ryan, R. M., & Deci, E. L. (2000). Intrinsic and extrinsic motivations: Classic definitions and new directions. Contemporary Educational Psychology, 25(1), 54-67.
Savery, J. R., & Duffy, T. M. (1995). Problem-based learning: An instructional model and its constructivist framework. Educational Technology, 35(5), 31-38.
Schön, D. A. (1983). The reflective practitioner: How professionals think in action. Basic Books.
Seifer, C. F., Yukl, G., & McDonald, R. A. (2003). Effects of multisource feedback and a feedback facilitator on the influence behavior of managers toward subordinates. Journal of Applied Psychology, 88, 561-569.
Semenza, D. C., Meldrum, R. C., Testa, A., & Jackson, D. B. (2022). Sleep duration, depressive symptoms, and digital self-harm among adolescents. Child and Adolescent Mental Health, 27(2), 103-110.
Shapiro, S. (1993). Strategies that create a positive classroom climate. The Clearing House, 67(2), 91-97.
Shields, C. M. (2019). Becoming a transformative leader: A guide to creating equitable schools. Routledge.
Siemens, G., & Baker, R. S. (2012). Learning analytics and educational data mining: Towards communication and collaboration. In Proceedings of the 2nd International Conference on Learning Analytics and Knowledge (pp. 252-254).
Strayer, J. F. (2012). How learning in an inverted classroom influences cooperation, innovation and task orientation. Learning Environments Research, 15, 171-193.
Tepper, B. J., Uhl-Bien, M., Kohut, G. F., Rogelberg, S. G., Lockhart, D. E., & Ensley, M. D. (2006). Subordinates’ resistance and managers’ evaluations of subordinates’ performance. Journal of Management, 32, 185-208.
Thomas, K. J., Rodrigues, H., de Oliveira, R. T., & Mangino, A. A. (2020). What predicts pre-adolescent compliance with family rules? A longitudinal analysis of parental discipline, procedural justice, and legitimacy evaluations. Journal of Youth and Adolescence, 49, 936-950.
Tomlinson, C. A. (2001). How to differentiate instruction in mixed-ability classrooms (2nd ed.). ASCD.
Tomlinson, C. A. (2017). How to differentiate instruction in academically diverse classrooms (3rd ed.). ASCD.
Tomlinson, C. A., Brighton, C., Hertberg, H., Callahan, C. M., Moon, T. R., Brimijoin, K., & Conover, L. A. (2003). Differentiating instruction in response to student readiness, interest, and learning profile in academically diverse classrooms: A review of literature. Journal for the Education of the Gifted, 27(2-3), 119-145.
Topping, K. J. (1998). Peer assessment between students in colleges and universities. Review of Educational Research, 68(3), 249-276.
Topping, K. (2005). Trends in peer learning. Educational Psychology, 25(6), 631-645.
Tschannen-Moran, M., & Gareis, C. R. (2004). Principals' sense of efficacy: Assessing a promising construct. Journal of Educational Administration, 42(5), 573-585.
Van Uden, J. M., Ritzen, H., & Pieters, J. M. (2014). Engaging students: The role of teacher beliefs and interpersonal teacher behavior in fostering student engagement in vocational education. Teaching and Teacher Education, 37, 21-32.
Vezzali, L., Stathi, S., Giovannini, D., Capozza, D., & Triffletti, E. (2015). The greatest magic of Harry Potter: Reducing prejudice. Journal of Applied Social Psychology, 45(2), 105-121.
Villegas, A. M., & Lucas, T. (2002). Educating culturally responsive teachers: A coherent approach. State University of New York Press.
Vygotsky, L. S. (1978). Mind in society: The development of higher psychological processes. Harvard University Press.
Wentzel, K. R. (2012). Teacher-student relationships and adolescent competence at school. In Interpersonal Relationships in Education (pp. 17-36). Brill.
Wentzel, K. R., & Watkins, D. E. (2002). Peer relationships and collaborative learning as contexts for academic enablers. School Psychology Review, 31(3), 366-377.
Willingham, D. T. (2017). The reading mind: A cognitive approach to understanding how the mind reads. John Wiley & Sons.
Yeager, D. S., & Dweck, C. S. (2012). Mindsets that promote resilience: When students believe that personal characteristics can be developed. Educational Psychologist, 47(4), 302-314.
Zaccaro, S. J., Rittman, A. L., & Marks, M. A. (2001). Team leadership. The Leadership Quarterly, 12(4), 451-483.
Zand, D. H., Thomson, N., Cervantes, R., Espiritu, R., Klagholz, D., LaBlanc, L., & Taylor, A. (2009). The mentor-youth alliance: The role of mentoring relationships in promoting youth competence. Journal of Adolescence, 32(1), 1-17.
Zimmerman, B. J. (2002). Becoming a self-regulated learner: An overview. Theory into Practice, 41(2), 64-70.
Zimmerman, B. J. (2008). Investigating self-regulation and motivation: Historical background, methodological developments, and future prospects. American Educational Research Journal, 45(1), 166-183.
Zimmerman-Oster, K., & Burkhardt, J. C. (1999). Leadership in the making: A comprehensive examination of the impact of leadership development programs on students. Journal of Leadership Studies, 6(3-4), 50-66.
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Text Mining. Authorized Users may use the licensed material to perform and engage in text mining/data mining activities for legitimate academic research and other Educational Purposes. Those uses beyond educational use shall require permission from the Publisher.
III. Restrictions
Except as provided herein, the institution shall make reasonable efforts to inform its authorized users not to use, alter, decompile, modify, display, or distribute the Product(s) as follows:
Alter Identification. Remove, obscure, or modify copyright notices, text acknowledging, attributions, or other means of identification or disclaimers as they appear. Alter Product(s).
Alter, decompile, adapt, or modify the Product(s), except to the extent necessary to make it perceptible on a computer screen, or as otherwise permitted in this Agreement. Alteration of words or their order is strictly prohibited.
Commercial Use. No Commercial Use of the Product(s) shall be permitted unless the Customer or an Authorized User has been granted prior written consent by an authorized representative of the Product(s). Use of all or any part of the Product(s) for any Commercial Use or for any purpose other than Educational Purposes.
Distribution. Display or distribute any part of the Product(s) on any electronic network, including without limitation, the Internet, and any other distribution medium now in existence or hereinafter created, other than by a Secure Authentication; print and distribute any portion(s) of the Product(s)s to persons or entities other than the Customer or Authorized Users, except as provided in Section II.
JECT acknowledges that the Customer cannot police or control the actions of its students, faculty, and other Authorized Users with respect to their use of the Product(s). In the event of abuse, the institution shall make prompt and reasonable efforts to heal the breach and notify the publisher.
IV. Term and Termination
This agreement shall commence on the Effective Date and shall remain in effect unless and until terminated as permitted herein (the "Term"). There is no perpetual electronic access to content made available during the term of the agreement.
JECT may terminate this Agreement if Customer violates any of the terms and conditions set forth herein. In the event of any termination of access, JECT will promptly notify the Customer of the basis for termination.
The Customer may terminate this Agreement if sufficient funds are not provided or allotted in future government-approved budgets of the Customer (or reasonably available or expected to become available from other sources at the time the Customer’s payment obligation attaches) to permit the Subscriber, in the exercise of its reasonable administrative discretion, to continue this Agreement.
In the event of any unauthorized use of the Product(s) by an Authorized User, Customer shall cooperate with JECT in the investigation of any unauthorized use of the Product(s) of which it is made aware and shall use reasonable efforts to remedy such unauthorized use and prevent its recurrence. JECT may terminate such Authorized User's access to the Product(s) after first providing reasonable notice to the Customer (in no event less than two (2) weeks) and cooperating with the Customer to avoid recurrence of any unauthorized use. In the event of any termination of access, JECT will promptly notify the Customer
. V. Refunds
In the event that a subscription is canceled by the Customer prior to the subscription end date, the following will be used as guidelines for refunds.
Electronic subscriptions. The Customer shall be entitled to a full refund within 14 days of the start of the most recent subscription term. Refunds requested after 14 days but no later than 60 days from the start of the most recent subscription term will be allowed, minus a 30% processing fee. Refunds will not be granted if requested more than 60 days after the start of the most recent subscription term.