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Southeast Missouri State University

Bill 12-A-7 Revising the "Research" Description of Faculty Professional Responsibilities by Establishing a "Procedures" Section (Approved)



Approved by the Faculty Senate
February 29, 2012


BE IT RESOLVED THAT: subject to the passage and approval of both this bill and its companion bill establishing corresponding "policy" 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:


[Faculty Senate Bill 12-A-6, "policy," goes here]

1. Policy Regarding the Role of Research on Campus

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

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

[Faculty Senate Bill 12-A-6, "policy," continues here]

Faculty Senate Bill 83-A-04 begins here.

Procedures Regarding Patents and Copyrights

Except in cases where other arrangements have been specifically agreed to in writing, Southeast Missouri State University shall permit University employees and students to retain in full all copyright and patent privileges resulting from their usual intellectual endeavors. In cases where University support or sponsorship has been provided, the recovery of institutional costs shall:
1. Begin only when residual profits have been accrued as a result of individual or group ownership of copyrights or patents.
2. Be limited to fifty percent of the residual profits accrued as a result of individual or group ownership of copyrights or patents.
3. Continue until all institutional costs have been recovered or until additional residual profits have not been accrued for a period equal to two years after the last instance in which residual profits were accrued, whichever comes first.

Residual profits shall be defined herein as total profits generated by a copyrighted or patented product or process minus all costs borne by the individual or group owning those products' or processes' copyright or patent privileges.

In all cases where University support or sponsorship has not been provided, the cost of administering or procuring copyright or patent privileges will not be borne by the University unless agreed to in writing by the Board of Regents. University support or sponsorship will be defined herein as:
1. Direct assignment by the University of an individual or group to conduct a specific intellectual endeavor whose only aim is the meeting of the objectives of the University and not the production, improvement, or discovery of a copyrightable or patentable product or process.
2. Financial Aid in the form of grants, scholarships, awards, or purchased materials or supplies from University funds provided by the state of Missouri.

In all cases where University support or sponsorship has been provided and institutional costs have been recovered, all monies resulting from the recovery of institutional costs shall be returned to the funding unit of the University from which support or sponsorship was provided.

Southeast Missouri State University and its Board of Regents disclaim and expressly deny any liability or responsibility for patent infringement or negligence on the part of any person or entity who may elect to obtain a patent or copyright under the provisions of this policy.

Portions of the above sections include portions of Faculty Senate, Bill 83-A-04 Amended by Faculty Senate Bill 12-A-7 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 3/7/2012
15 Day Review 3/2012
Posted to Faculty Handbook