Chapter 10.07 - Research, Scholarship and Creative Activity

REGENTS’ POLICY
PART X – ACADEMIC POLICY
Chapter 10.07 - Research, Scholarship and Creative Activity

P10.07.010. Role of Research, Scholarship and Creative Activity. 

  1. In recognition of the importance of research, scholarship, and creative activity as central to its mission, and as a service to the community, the University of Alaska will require a commitment to research, scholarship, or creative activity as appropriate to each faculty member's performance assignment.
  2. The university will foster an environment supportive of conducting research, scholarship, and creative activity and broadly disseminating its results in the tradition of academic freedom and its corresponding responsibilities. Publication and dissemination of the results of research projects will be accomplished without excessive or inappropriate prohibitions. Researchers will conform to established professional ethics pertaining to the rights and welfare of human subjects and the welfare of animals.
  3. The allocation of space, facilities, funds, and other resources for these activities will be based on the scholarly and educational merit of a proposal and the appropriateness of the work to the mission of the MAU where it will be conducted.

(04-04-14)

P10.07.020. Sponsored Projects Submittal and Acceptance. 

  1. To strengthen its ties with government, industry, the community, and other academic institutions, the university will engage in activities sponsored by external entities. Such sponsored research, scholarship or creative activity will be conducted in accordance with regents’ policy, university regulation, applicable laws and regulations, and MAU rules and procedures.
  2. Since sponsors may operate within a proprietary or classified environment while universities function on the principle of free inquiry and open expression, the president will approve and promulgate university regulations for collaborative work which facilitate beneficial arrangements with sponsors and protect the basic tenets of universities.
  3. All proposed sponsored projects will be reviewed for constraints on disclosure and dissemination of the results of the work. After review of the proposed project and review of the constraints on disclosure and dissemination of the results of the work, the chancellor or chancellor's designee may approve entering into contractual agreements for classified or proprietary work under governmental or private sponsorship.
  4. Faculty members and graduate students may conduct classified or proprietary research that has been approved by the chancellor.

(04-04-14)

P10.07.030. Security Clearances

The safeguarding of and access to classified information shall be consistent with federal law. Each MAU shall designate a Facility Security Officer (“FSO”). The FSO at each MAU shall develop and revise written procedures specific to that MAU to reasonably exclude the possibility of loss or compromise of classified information.

(06-06-14)

P10.07.040. Interaction Between University and Private Sector Research Interests.

The university and state and federal agencies may exercise their right to contract with each other for research and services that they are able to perform, whether or not the research or services could be performed by the private sector. The university will support joint research and service efforts involving MAUs and the private sector when such efforts are of mutual benefit. Application for and implementation of grants and contracts which have the potential for competition for grants with the private sector will be made in accordance with regents’ policy, university regulation and MAU rules and procedures on competition with the private sector.

(04-19-96)

P10.07.050. Inventions, Patents, Copyrights, Trademarks and Other Intellectual Properties.

The president will promulgate university regulation to encourage and support intellectual activity by employees and students, and will detail rights and obligations concerning inventions, patents, copyrights, trademarks and other intellectual properties developed as a result of university support.

(06-20-97)

P10.07.060. Misconduct in Research, Scholarly Work and Creative Activity in the University.

  1. The research, scholarship, and creative activity of the university will be conducted in compliance with applicable laws and regulations. Instances of alleged or apparent misconduct in research, scholarly work, or creative activity will be evaluated and resolved in a timely manner. Misconduct includes fabrication, falsification, plagiarism, or other practices that deviate from ethical standards and commonly accepted practices within the academic and scientific community for proposing, conducting, or reporting research, scholarly work, or creative activity. Unintentional error or good faith differences in analysis, interpretation, or judgments of data will not be considered to be instances of misconduct.
  2. Appropriate disciplinary actions, including dismissal for cause, will be taken against any person who commits misconduct in research, scholarly work, or creative activity. An academic degree will be denied to someone who commits misconduct in scholarly work or creative activity if the misconduct contributed to that degree. When warranted, an earned degree will be revoked when misconduct is established after the award of the degree.
  3. The president will promulgate university regulation to provide an exclusive review process for investigating allegations of misconduct in research, scholarly work, or creative activities and for taking appropriate personnel action.

(06-06-14)

P10.07.070. Human Subjects in Research.

The university will respect and protect the health, safety, and rights of individuals participating in research projects. Actions of the university will conform to applicable laws and regulations regarding research on human subjects. Informed consent shall be obtained from human subjects before their participation in university research, unless the Institutional Review Board waives the requirement to obtain informed consent in accordance with applicable federal regulations of the Office for Human Research Protections, 45 CFR 46.116. Research participants may discontinue participation at any time without penalty. The president will promulgate university regulation to implement this policy and ensure that appropriate procedures are undertaken to protect the rights and welfare of human subjects in research.

(04-04-14)

P10.07.075. Animal Subjects in Research.

Actions of the university will conform to applicable federal, state, and local laws and regulations regarding the use of animal subjects in research. The president will promulgate university regulation to implement this policy and ensure that appropriate procedures are undertaken regarding the use of animal subjects in research.

(06-06-14)

P10.07.080. Agreements with External Academic and Research Entities.

In addition to grants, contracts, and purchase orders that govern the conduct of funded research, education, and services provided by and to the university, units of the university may enter into agreements with one or more external parties. These may take a variety of forms, including Memoranda of Agreement or Understanding, Cooperative Research and Development Agreements, Cooperative Agreements, and agreements to participate in the activities of external entities in accordance with their governance rules or by-laws. All agreements with external academic or research entities shall be reviewed and approved by the university Office of the General Counsel prior to approval by a unit

(06-06-14)


UNIVERSITY REGULATION
PART X – ACADEMIC POLICY
Chapter 10.07 - Research, Scholarship and Creative Activity

R10.07.020. Sponsored Projects Submittal and Acceptance

  1. In accordance with Regents’ Policy 10.07.020, the University of Ƶwill collaborate with external sponsors of classified or proprietary research when the relevant university chancellor or designee determines in writing that such collaboration is beneficial to national, state, or local, as well as university interests, and that such research can be conducted while protecting the basic tenets of universities. This determination shall be made in accordance with the procedures set forth in this regulation.
  2. Classified or proprietary research is subject to regents’ policy, university regulation, laws, regulations, and each university’s rules and procedures applicable to research, provided, however, that the determination required by part A of this regulation, and any approvals related to the status of research as classified or proprietary, shall be subject solely to the process established by this regulation, and provided further that classified or proprietary research shall not by virtue of this regulation be subject to any policy, regulation or procedure that would require or result in unauthorized disclosure of classified or proprietary information.
  3. The chancellor for each university must approve all classified and proprietary research at the respective university and may establish an appropriate process for approval of classified and proprietary research.
  4. Definitions
    1. Classified Research – research conducted with or on behalf of a government agency, or service provided to or on behalf of a government agency, that will require government-issued security clearances for participation.
    2. Proprietary Research – research or services subject to a sponsorship agreement or contract which prohibits dissemination of information or delays publication or dissemination of results, or permits the sponsoring agency to prohibit or delay publication or dissemination of results, for more than 90 days after submission of the final report.
  5. Nothing in this regulation is intended to create, extend, or support an obligation of any kind enforceable against the university in an administrative or legal proceeding

(10-28-16)

R10.07.035. Export Control Licensing.

Determination of applicability of export control licensing requirements and deemed export of technology for foreign nationals will be made by the hiring unit or the unit hosting a foreign visitor(s) prior to a foreign national engaging in or being given access to research, as required by the U.S. Department of State International Traffic in Arms Regulations (ITAR) and U.S. Department of Commerce Export Administration Regulations (EAR).

(08-19-14)

R10.07.050. Inventions, Patents, Copyrights, Trademarks and Other Intellectual Properties

  1. Introduction

    This regulation is adopted to encourage and support innovation and creativity by employees and students that will result in intellectual property for the benefit of the state and the nation.
  2. Administration
    1. All matters relating to inventions, patents, copyrights, trademarks and other intellectual properties in which the University of Ƶis in any way concerned will be administered by the president or such other person at each university as the president may designate. Through this regulation, the university president designates the chancellor at each university to administer matters relating to inventions, patents, copyrights, trademarks and other intellectual properties arising out of that university unless such designation is revoked by the president in writing.
    2. The chancellor of each university may appoint a manager of intellectual property and licensing to execute activities pertaining to all university intellectual property. The designee is empowered, with the approval of the chancellor, to:
      1. Waive university rights to an invention or other intellectual properties;
      2. In consultation with the general counsel, work with an attorney or patent agent and submit patent, copyright, trademark and license applications on behalf of the university and/or the author(s) or inventor(s);
      3. Obtain copyrights, trademarks and patents on behalf of the university and/or the author(s) or inventor(s);
      4. Grant licenses on behalf of the university;
      5. Promote university intellectual property to Ƶfirms to provide opportunities for Alaskan economic development;
      6. Purchase licenses for non-university copyrighted material or patented inventions for university use and/or sub-license;
      7. Grant use of copyrighted materials and patented inventions;
      8. Execute on behalf of the university and/or the inventor(s) any agreements as may be appropriate;
      9. Obtain and maintain requisite documentation as necessary in all matters concerning the management of intellectual properties;
      10. Execute royalty division agreements with the inventor(s) or author(s) on behalf of the university.
      11. Seek out and recommend appropriate patent management and license marketing organizations, recommend to the president working contracts between such organizations and the university and transmit reports of invention(s) to such organizations;
      12. Assure appropriate involvement of the inventor(s) in licensing and other commercial development activities;
      13. Promote the marketing of university-trademarked products;
      14. Receive, account for, and properly disperse all proceeds received pursuant to this policy;
      15. Facilitate communication between all parties involved, and enforce the terms and conditions of these regulations; and
      16. Prepare an annual report on the university patent, copyright, trademark and license activities and finances to the chancellor and prepare such other reports and perform such other functions as may be requested by the chancellor.
    3. Upon accepting employment or another affiliation with the university, including affiliation as a student, and as a condition of the university’s provision of employment, services, facilities, equipment, material or other resources, all university personnel, persons not employed by the university but who use university services, facilities, equipment, material or other resources in the development of intellectual property, and persons who receive grant or contract funds through the university, agree to assign and do assign to the university title to all inventions and patents he or she conceives, develops, reduces to practice or creates, except for those resulting from permissible activities outside of university employment without the use of university services, facilities, equipment, material, or other resources not otherwise available to members of the public freely or to students as a result of their enrollment as a student. Exemptions from such assignments may be authorized in those circumstances where the mission of the university is better served by such action, provided that the overriding obligations to other parties are met and such exemptions are not inconsistent with other regents’ policy or university regulation.
    4. University personnel and all those using university services, facilities, equipment, material, or other resources in the development of intellectual property will immediately and properly disclose the conception and/or reduction to practice of potentially patentable inventions. Such disclosure will be made to the chancellor or chancellor’s designee. All persons required to make disclosures will execute such declarations, assignments or other documents provided by the university as may be necessary in the course of invention evaluation, patent prosecution, or protection of patent rights and as required to effectuate the assignment of title to the university pursuant to R10.07.050.B.3.
    5. Subject to restrictions arising from overriding obligations of the university pursuant to grants, contracts or other agreements with outside organizations, the university agrees, for and in consideration of the assignment of patent rights, to pay annually to the named inventor(s), the inventor(s)’ heirs, successors or assigns, a royalty share of the net proceeds received by the university for each patent or other intellectual property right assigned to the university, as shown below.

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