Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
REGENTS’ POLICY MANUALSECTION 3—GENERAL POLICIESSound professional discretion is an integral part of the University's financial conflict of interestsystem. Any review of a potential financial conflict of interest will be undertaken in light of four generalpropositions.First, financial conflicts of interest per se are inevitable and do not necessarily represent anyimpropriety by employees if disclosed in advance. Second, the failure to disclose a financial conflict ofinterest for administrative review and response would be a serious mistake for any employee, and may bea breach of this policy. Third, there is a presumption in favor of allowing employees to act in dual rolesonce the financial conflict of interest has been disclosed (prior written approval is required in cases ofpotential conflicts involving federal grants or contracts). Fourth, financial conflicts of interest may be soprofound or substantial that it would be best for all concerned if the employee did not participate in aparticular transaction.It is not possible to completely eliminate the potential for financial conflict of interest because thereare certain rewards and incentives that are inherent or appropriate in the structure of a Universityenterprise. Such conflicts become detrimental when the potential temptations, financial or otherwise,undermine reasonable objectivity in the design, interpretation, and publication of research; settingUniversity policies; managing contracts; selecting equipment and supplies; involving students insponsored projects; or performing other roles in University governance in which objectivity and integrityare paramount. Furthermore, since allegations of financial conflicts of interest based on appearances canundermine public trust in ways that may not be adequately restored even when mitigating facts arebrought to light, apparent financial conflicts should be avoided, when feasible and appropriate.Other sections of this policy notwithstanding, it is the ongoing responsibility of the employee to abideby the provisions of all other applicable federal, state, and University laws and policies relating tofinancial conflicts of interest; to identify potential financial conflicts of interest; and to disclose and seekguidance on such matters from the appropriate vice president.The full text of the Financial Conflicts of Interest –Norman Campus policy is included in the NormanCampus Faculty Handbook and the Staff Handbook.(RM, 10-13-88, p. 20597; 1-16-89, p. 20834; 10-14-93, p. 23584; 9-26-95, p. 24570; 12-10-96, p.25199; 9-11-01, p. 27693; 1-27-2004, p. 28924)3.1.8—INTELLECTUAL PROPERTIES POLICYPREAMBLEThe people of the State of Oklahoma may reasonably expect that their investments in the Universitywill create new industry and enhance existing industry within the State and Nation. Such new industrycreates greater employment opportunities for citizens of the State and the Nation and an improvement intheir standard of living.THE UNIVERSITY OF OKLAHOMA 172
REGENTS’ POLICY MANUALSECTION 3—GENERAL POLICIESThe creation and development of intellectual property at the University encourages new business andis key to creating strong University and industry partnerships. It is the responsibility of Universityemployees to disclose intellectual property and to foster an entrepreneurial attitude within the work forceby involving students in the creation of intellectual property. Intellectual property development shall bepursued in concert with, but subject to, the University’s principal responsibilities of education andknowledge creation.Therefore, it is in the best interest of the University to adopt a policy that encourages disclosure ofdiscoveries and inventions and rewards such creative activity. To do so, the University policy must insurethat creators of copyrightable works or trademarks and inventors share in any financial success enjoyedby the University through the creation and commercialization of intellectual property. The basicobjectives of the University’s policy concerning creative works, trademarks, discoveries; and inventions(i.e., intellectual property) include the following:1) To maintain the University’s academic policy of encouraging research, publication,and scholarship independent of potential gain from royalties or other income.2) To make patented materials created pursuant to University objectives available in thepublic interest under conditions that will promote their effective utilization andcommercialization.3) To provide adequate incentive and recognition to faculty and staff through proceedsderived from their creative works, trademarks, discoveries, and inventions.The full text of the Intellectual Properties policy is included in the Norman Campus and HealthSciences Center Faculty Handbooks and the Staff Handbook.(RM, 11-13-80, pp. 16191-3; 10-14-82, p. 17246; 1-15-87, p. 19412; 1-16-89, p. 20834; 6-13-91, pp.22461, 22458-59; 12-9-99, p.26752; 12-7-2001, pp. 27808, 27809; 1-27-2004, p. 28924)3.1.9—OUTSIDE EMPLOYMENT AND EXTRA COMPENSATION POLICY,NORMAN CAMPUSFACULTYThe missions of the University are teaching, research and creative/scholarly activity, and professionaland University review and public outreach. As professionals, Norman Campus faculty are individuallyand primarily responsible for arranging their time among such academic functions as teachingassignments, research, service, continuing education, and consultation. Such arrangements will be subjectto evaluation and approval by appropriate authorities as part of a faculty member’s total professionalactivity during the year with reference to department, college, and University criteria for merit salaryincreases, tenure, and promotion.The professional expertise of the Norman Campus faculty is normally available to the state and itscitizens for incidental and minor services without remuneration. When, however, the services desiredfrom outside the University exceed a reasonable limit agreed to by the appropriate vice president and thefaculty member, direct extra remuneration may be accepted, provided the extent of the involvement doesnot infringe on the faculty member’s regular University duties.THE UNIVERSITY OF OKLAHOMA 173
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REGENTS’ POLICY MANUALSECTION 3—GENERAL POLICIESSound pr<strong>of</strong>essional discretion is an integral part <strong>of</strong> the University's financial conflict <strong>of</strong> interestsystem. Any review <strong>of</strong> a potential financial conflict <strong>of</strong> interest will be undertaken in light <strong>of</strong> four generalpropositions.First, financial conflicts <strong>of</strong> interest per se are inevitable and do not necessarily represent anyimpropriety by employees if disclosed in advance. Second, the failure to disclose a financial conflict <strong>of</strong>interest for administrative review and response would be a serious mistake for any employee, and may bea breach <strong>of</strong> this policy. Third, there is a presumption in favor <strong>of</strong> allowing employees to act in dual rolesonce the financial conflict <strong>of</strong> interest has been disclosed (prior written approval is required in cases <strong>of</strong>potential conflicts involving federal grants or contracts). Fourth, financial conflicts <strong>of</strong> interest may be sopr<strong>of</strong>ound or substantial that it would be best for all concerned if the employee did not participate in aparticular transaction.It is not possible to completely eliminate the potential for financial conflict <strong>of</strong> interest because thereare certain rewards and incentives that are inherent or appropriate in the structure <strong>of</strong> a Universityenterprise. Such conflicts become detrimental when the potential temptations, financial or otherwise,undermine reasonable objectivity in the design, interpretation, and publication <strong>of</strong> research; settingUniversity policies; managing contracts; selecting equipment and supplies; involving students insponsored projects; or performing other roles in University governance in which objectivity and integrityare paramount. Furthermore, since allegations <strong>of</strong> financial conflicts <strong>of</strong> interest based on appearances canundermine public trust in ways that may not be adequately restored even when mitigating facts arebrought to light, apparent financial conflicts should be avoided, when feasible and appropriate.Other sections <strong>of</strong> this policy notwithstanding, it is the ongoing responsibility <strong>of</strong> the employee to abideby the provisions <strong>of</strong> all other applicable federal, state, and University laws and policies relating t<strong>of</strong>inancial conflicts <strong>of</strong> interest; to identify potential financial conflicts <strong>of</strong> interest; and to disclose and seekguidance on such matters from the appropriate vice president.The full text <strong>of</strong> the Financial Conflicts <strong>of</strong> Interest –Norman Campus policy is included in the NormanCampus Faculty Handbook and the Staff Handbook.(RM, 10-13-88, p. 20597; 1-16-89, p. 20834; 10-14-93, p. <strong>23</strong>584; 9-26-95, p. 24570; 12-10-96, p.25199; 9-11-01, p. 27693; 1-27-<strong>2004</strong>, p. 28924)3.1.8—INTELLECTUAL PROPERTIES POLICYPREAMBLEThe people <strong>of</strong> the State <strong>of</strong> Oklahoma may reasonably expect that their investments in the Universitywill create new industry and enhance existing industry within the State and Nation. Such new industrycreates greater employment opportunities for citizens <strong>of</strong> the State and the Nation and an improvement intheir standard <strong>of</strong> living.THE UNIVERSITY OF OKLAHOMA 172