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Southeast Missouri State University

Bill 12-A-6 Revising the "Research" Description of Faculty Professional Responsibilities by Establishing Several "Policy" Sections (Approved)

FACULTY SENATE SOUTHEAST MISSOURI STATE UNIVERSITY

FACULTY SENATE BILL 12-A-6

Approved by the Faculty Senate
February 29, 2012

REVISING THE "RESEARCH" DESCRIPTION OF FACULTY PROFESSIONAL RESPONSIBILITIES BY ESTABLISHING SEVERAL "POLICY" SECTIONS

BE IT RESOLVED THAT: subject to the passage and approval of both this bill and its companion bill establishing corresponding "procedures" sections, Chapter 3, Section D of the Faculty Handbook be amended by making the following changes to the existing content, thereby establishing a "policy" section (with the companion "procedures" to follow it in the Handbook):

so that the resulting Section D of Chapter 3 read as follows:

Research

1. Policy Regarding the Role of Research on Campus

A major goal of the University is to "contribute to the general advancement of knowledge by stimulating research, scholarly activity, and creative endeavor relevant to the academic and public service programs of the University." Such activities are integral aspects of the teaching/learning environment and directly support the major teaching function of the University. Within the context of the goal statements, research, scholarly activity, and creative endeavor emerge as key elements in the progress of Southeast Missouri State University toward mature "University" standing. With respect to teaching, these pursuits augment the capabilities of faculty members and enrich the learning experience of students. They also serve as a means to fulfill personal interests, strengthen individual competence, and continue to maintain a fresh and informed grasp of new instructional methods and the assessment of existing ones. Faculty members who are involved in the ongoing pursuit of knowledge or who are creative artists seem more apt to stimulate intellectual curiosity and exploration in their students. In short, research, scholarly activity, and creative endeavor afford still another avenue for upgrading the quality of education that the University provides.

Updated October 5, 2005

The University values these professional growth activities not only as a means to increase knowledge in an ever-expanding universe of thought but also as a practical means to benefit society. Such activities may be viewed along a continuum from the most "pure" or theoretical to the more informal which might be found in a classroom setting. Indeed, the classroom often functions as a laboratory where these ideas and activities are inspired and launched, ultimately to the good of society. Embryonic research and scholarly and creative activity compiled in the University can provide impetus, therefore, for more ambitious research activities relevant to the needs of society that extend beyond the University.

Several factors influence the shape and course of such activities within a University. In some instances, for example, personal challenge, the quest for knowledge, or scientific curiosity may stimulate an individual faculty member. Often, financial support for the project must then be secured from the University, government, or private sources. In other instances, funding opportunities anticipate and/or stimulate research activities. When this is true, the goals, guidelines, and practices of these funding sources will frequently dictate the nature of faculty research and scholarly and creative activity.

Although forces outside the University may influence these activities, faculty attitudes, department priorities, and the general posture of the University also shape their nature. The University seeks to foster an academic climate supportive of quality research that will satisfy individual and University goals while operating within the context of broader societal needs. Encouraging such research endeavors does not lessen the University's commitment to its other functions, but rather enhances and strengthens all institutional activities.

Support from faculty colleagues, department chairpersons, deans, and other administrators provides a sound base for research and scholarly and creative activities at Southeast Missouri State University. In addition to outside sources, faculty members have access to department, college, and divisional funds as they may become available for the express purpose of fostering research among the faculty.

2. Policy Regarding the Role of the Office of Research and Grant Development

The Office of Research and Grant Development is an academic service dedicated to enriching the professional development of faculty and equivalent-level staff by providing those individuals with opportunities for research and/or public service. In turn, those activities augment the instructional processes of the University.

By monitoring the current research and development interests of public agencies, private philanthropic organizations, and business, the office provides faculty with an important repository of information which can aid them in their efforts to keep abreast of new trends in virtually any field of study.

The office provides faculty with a central location from which they can seek colleagues from around the campus and the state whose specialized knowledge or talent is needed for a complex research study. Research and Grant Development will assist faculty when they seek to identify and contact professional associations. The knowledge and skills of the office director also serve as a valuable asset.

The office provides three types of services: technical assistance, information management, and skill/knowledge development. Technical assistance is given in the proposal preparation phase, the proposal submission phase, and the project administration phase. Information management includes searching for or identifying potential fundors, monitoring external events, and communicating that information to the University community. The development of skills and knowledge related to the process of grantsmanship takes place in one-on-one sessions with interested parties, formal events such as workshops, and linkage with individuals whose talents, pooled with the proposal's author(s), might enhance the proposal's chances of acceptance.

The Office of Research and Grant Development Procedures and Guidance manual can be viewed at: http://www.semo.edu/grants/manual.htm.

Updated August 15, 1997
Updated October 5, 2005
Updated by Change Form May 28, 2008

3. Policy Regarding Research Funds

[Faculty Senate Bill 11-A-31 goes here]

Procedures Regarding Research Funds

[Faculty Senate Bill 11-A-32 goes here]

4. Policy Regarding Patents and Copyrights

The purpose of this policy is to protect the rights and benefits of Southeast Missouri State University, the people of Missouri, and the inventor, discoverer, or author in matters pertaining to patents and copyrights. Within this purpose it should be recognized that the objectives of the University do not encompass the invention or development of a product or process for commercial use. Patentable inventions, processes, etc., will instead be a by-product of the usual intellectual endeavors of the faculty and staff of the University.

Any invention or discovery made by an employee of the University or resulting from research carried on under the direction of an employee in which the University may have an interest shall be promptly reported by such discoverer to the Grants and Research Funding Committee. The committee shall review related data and information and make recommendations concerning financial terms and problems concerned with the development and administration of such inventions and discoveries and patents secured thereon. The committee shall make recommendations to the President concerning the disposition and terms of administration of such inventions and discoveries.

Procedures Regarding Patents and Copyrights

[Faculty Senate Bill 12-A-7, "Procedures," goes here]

5. Research Corporation

Through its membership in AASCU, the University is able to use the services of the Research Corporation to assist faculty in obtaining a patent. The Research Corporation will evaluate the patent potential of an invention based on receipt of a Disclosure Submission and Invention Administration Agreement. Neither the faculty member nor the institution bears any direct cost for the evaluation, nor if the invention is accepted, for the cost of filing. The Research Corporation will assume responsibility for marketing the product. Gross receipts are shared with the faculty member (subject to the University Patent Policy) receiving 57.5% of the gross income. Specific details may be obtained from the Office of Research and Grants.

6. Additional Information Regarding Copyrights

Faculty wishing more information about copyrights under federal law should consult Title 17 of the U.S. Code, especially Sections 106 and 107, portions of which are duplicated below:

Faculty Senate Bill 88-A-11 begins here.

Exclusive Rights in Copyrighted Works

Subject to (other provisions of the law). . ., the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

1. To reproduce the copyrighted work in copies or phonorecords;
2. To prepare derivative works based upon the copyrighted work;
3. To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
4. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; and

In the case of literary, musical, dramatic, and choreographic works, pantomimes and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly.

Limitations on Exclusive Rights: Fair Use

Notwithstanding the provisions of (the previous section). . ., the fair use of a copyrighted work, including such use by reproduction in copies of phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research is not an infringement of copyright.

In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

Approved by Faculty Senate, Bill 88-A-11 - November 9, 1988
Approved by Board of Regents - December 1988
Policy sections above not otherwise indicated were amended by Faculty Senate Bill 12-A-6 approved by the Faculty Senate
February 29, 2012 and by the Board of Regents XXXX

***

Action Date
Introduced to Senate 11/30/11
Second Senate Meeting 2/1/12
Faculty Senate Vote 2/29/12
President's Review 3/7/12
Board of Regents' Review 3/23/12
Posted to Faculty Handbook

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