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Shelly G. Gonzalez, Policy Officer
Warrensburg, MO 64093
INTELLECTUAL PROPERTY RIGHTS PROCEDURE
Approval: Approved by the President on May 29, 2007
Authority: Board of Governors Policy 3.1.020
Responsibility: General Counsel
University of Central Missouri employees are responsible for being knowledgeable of the Board of Governors "Intellectual Property Rights Policy," Board of Governors Policy 3.1.020, and familiarizing themselves with current laws and Congressional guidelines related to intellectual property rights as set out in BOG Policy 3.1.020.
Supervisor: The individual to whom an employee directly reports in employee's reporting line.
Administrator: Employees holding the position of dean, chair, associate vice president, assistant vice president, associate provost, assistant provost, director or assistant director.
Senior Administrator: Employees holding the position of provost, vice president or university director.
A. In an effort to ensure compliance with federal and state laws that protect intellectual property, UCM will:
University employees with knowledge of a suspected violation of the Board of Governors"Intellectual Property Rights Policy 3.1.020" must promptly report such violations, in writing, to the appropriate supervisor and copy his/her written report to the appropriate administrator. If an employee is unsure of his or her appropriate administrator the employee may contact the Office of the General Counsel for assistance. Should an employee with a duty to disclose such a violation have reasonable cause to believe disclosure to the appropriate supervisor and administrator will be ineffective or the employee fears retaliation; the person should disclose the violation to the Office of the General Counsel. No retaliatory action will be taken for any such report made in good faith.
When a written report is received by a supervisor alleging a possible, potential, or apparent violation of the "Intellectual Property Rights Policy" it shall be forwarded to the Office of the General Counsel. The supervisor shall include a brief statement detailing the possible violation, the date the written report was received from the employee, any immediate action taken by the supervisor, and supervisor's recommendation, if any, for future action in regard to the allegation(s). The supervisor’s brief shall be signed, dated and copied to his or her appropriate administrator.
III. Fact Finding
The general counsel shall coordinate all investigations with the appropriate senior administrator(s) and/or other authorities as appropriate. If the general counsel, after consultation with the appropriate senior administrator(s), determines that a possible violation of the policy has occurred, the general counsel will appoint a disinterested party/committee to investigate the facts of the statement and will notify the subject of the investigation, within 10 (ten) business days, unless notification would limit the effectiveness of the investigation. The disinterested party/committee will present a copy of those relevant facts found to the general counsel who will notify the appropriate senior administrator(s) as to whether a violation has occurred.
A. UCM will seek to protect the interests of copyright owners by:
B. If it is determined by general counsel that a violation of the "Intellectual Property Rights Policy" has taken place, a written finding will be presented to the appropriate senior administrator(s) for appropriate action. Action will be based on the extent of the violation. Action will be consistent with the Board of Governors Policy Manual; UCM Procedures and Guidelines, "Progressive Discipline Procedures"; Faculty Guide; or Memorandum of Understanding between the University of Central Missouri and Missouri Education Workers Local No. 1/AFSCME, Local 577 whichever applies as determined by the Office of the General Counsel.
C. The university shall not indemnify, defend or hold harmless those current or former university officer(s), agent(s), employee(s) and students for claims arising from the deliberate and unlawful use of copyrighted materials.
V. Appeal Process
Appeals will be provided per applicable existing avenues for grievance or appeal. Allegations against the president will be reported to the Board of Governors. The president’s decision, or the board’s decision in a case of allegations against the president, will be final.
Resolution of Internal Disputes Regarding Intellectual Property Rights:
Disputes regarding intellectual property rights will be presented to the supervisor of the faculty member, staff memberor student who is dissatisfied with the arrangement. Whether the dispute is between faculty members and staff members or between faculty or staff members and a supervisor, a common supervisor at a higher level will be asked to make an initial determination. The initial determination will be made within five (5) business days.II. Fact Finding
If the faculty member, staff member or student is not satisfied with the initial determination, he or she shall seek resolution through his or her reporting line up to but not including his or her senior administrator. Each determination within the reporting line shall be made within five (5) business days. If a resolution cannot be reached, a written request for an intellectual property arbitration panel shall be submitted to the senior administrator.
A. Arbitration Panel
1. The university president’s decision is final.