Doc. T93-116, as amended, Passed by the Board of Trustees on December 1, 1993 Latest revision: November 6, 2002, Preface, The goal of the University Alcoholic Beverage Policy is to promote attitudes and behaviors towards alcohol use, on and off campus, that are consistent with an atmosphere of civility, and to discourage alcohol-related behavior which is abusive to oneself or to others, within the confines of preserving the civil rights of all. In accordance with the University’s commitment to provide a civil, safe…, I. General Guidelines, The acquisition, possession, transportation and consumption of alcoholic beverages are governed by various statutes of the Commonwealth of Massachusetts and regulations of the Alcoholic Beverages Control Commission. In general, some of the more pertinent statutes and regulations provide that: No person, group or organization may sell alcoholic beverages except pursuant to a license granted by the…, II. Regulations, Statutes and regulations are numerous and subject to change. The above generalizations should not be considered as a complete and categorical statement of the present law. All members of the University community are expected to acquaint themselves with the laws and regulations relative to the possession, consumption, distribution, transportation, and sale of alcoholic beverages., A. Authority, These regulations are promulgated by the Trustees of the University of Massachusetts pursuant to the provision of Massachusetts General Law, Chapter 75, Section 3, Chapter 15A, Section 10, and shall be in effect in all areas and for all persons falling under the jurisdiction of the Trustees., B. Definitions, The following words as used in these regulations, unless the context otherwise requires, shall have the following meanings: "Alcoholic beverage," any liquid intended for human consumption as a beverage and containing one half of one percent or more of alcohol by volume at sixty degrees Fahrenheit. “all recognized student organization, fraternities, sororities, area governments and groups of…, C. Individual and Group Responsibility for Alcohol Related Behavior, All individuals and groups covered under this policy are to observe Massachusetts state laws pertaining to alcohol, including the 21 year old drinking age law, and be aware of the legal ramifications of non-compliance. Damage to or destruction of property, or injury to person(s) which is caused by or can be shown to be related to the consumption of alcohol will be subject to disciplinary action.…, D. Purchase of Alcoholic Beverages Restrictions, Unless otherwise permitted by current campus operating procedures, no individual or organization may expend any campus funds for the purchase of any alcoholic beverages. No individual or group operating under campus jurisdiction may expend monies informally collected from members of an organization for the purchase of any alcoholic beverage except where said beverage is to be served as part of a…, E. Organizations Serving Alcoholic Beverages Without Charge; Rules and Regulations, Organizations may serve alcoholic beverages without charge within their respective premises and within established guidelines provided: No alcoholic beverage is served to any person under the age of 21 years; No fee is charged for any alcoholic beverage; use of chits as a substitute for cash is a violation of ABC administrative regulations and is prohibited; No individual under the age of 21…, F. Selling Alcoholic Beverages Rules and Regulations, All sales of alcoholic beverages must be arranged through Auxiliary Services. All sales of alcoholic beverages on University property shall be subject to and in conformity with any restrictions or conditions imposed by the local licensing authority. All persons who are hired to serve alcoholic beverages must attend one of the bartender/server training programs offered each semester by the Alcohol…, G. Alcoholic Beverage Container Regulations, Kegs and other large volume containers are not permitted in areas under University jurisdiction except at duly authorized/licensed events and must comply with local town regulations where applicable. Open containers are not permitted in public spaces on campus except at duly authorized/licensed events. Safe disposal of any beverage container is required in all areas under University jurisdiction., H. Regulations Pertaining to Outdoor Events, Possession, sale, or use of alcoholic beverages at outdoor events held in Areas under the Jurisdiction of the University are prohibited, (except with the approval of the Chancellor)., I. Social Events/Advertising, In general, social events which encourage drinking or drunkenness as themes, and the advertisement of such events, are considered inappropriate will not be permitted. Promotional activities or events sponsored by alcohol marketers will not be permitted, except with the approval of the appropriate Vice Chancellor or designee., J. Responsibility for Providing Certain Attendant Functions, Any person or organization providing alcoholic beverages in areas under University jurisdiction, whether or not a fee is charged, shall be responsible for providing: At least three non-alcoholic beverages which are prominently displayed. No one should be coerced, even subtly, to drink or to overindulge. Persons who provide alcoholic beverages to guests bear a responsibility to see that alcoholic…, K. Director of Public Safety; Police Officers; Compensation, The Director of Public Safety for the University shall, whenever possible, provide police assistance to any Organization requesting such assistance by assigning uniformed or non-uniformed officers. The individual or Organization requesting such officers shall be responsible for their compensation. Any individual or Organization requesting assistance shall make such request no later than three…, L. Violations, Penalties, Any violation of these regulations shall constitute a violation of University Policy and shall be reported to the Chancellor’s designee. Any person or organization which has been found to have violated the provisions of these regulations will be referred to the Chancellor’s designee. If any judicial proceeding involving the violation of the University alcohol or controlled substances policies…, M. Violations of the Laws of the Commonwealth; Civil and Criminal Liability, Nothing contained in these regulations shall relieve any person or organization of the responsibility to comply with the laws of the Commonwealth and the regulations of the Alcoholic Beverages Control Commission, nor from any civil or criminal liability which may result by reason of any such violation., N. Residence Halls, Regulations Regarding the Use of Alcohol in the Residence Halls (Code of Student Conduct, Section II.D) are printed in the Residence Hall Manual., III. Community Resources for Alcohol or Other Drug Related Problems, In accordance with the University's commitment to civility, services and resources are provided to support individual needs, to assist at crisis points and to provide accurate information -- all related to alcohol and other drugs. Listings of resources on campus and in the community are available by calling the Dean of Students Office (5-2684), Alcohol Education Program, Division of Health…, Doc. T93-116, as amended | Alcoholic Beverage Policy, Amherst, Passed by the Board of Trustees on December 1, 1993 Revised: May 10, 2000 November 6, 2002
Type: Book page
Doc. T96-040, Passed by the Board of Trustees on April 2, 1997 The prompt and open dissemination of the results of research and creative work among scholars and, eventually, to the public at large is essential to the University's mission of education and research. The commercial development and distribution of the results of research and creative work to benefit the inventor or creator and the economy is part…, I. Definitions, As used in this Policy, the following words shall have the following meanings:, Confidential Information, – Information that is received by a Covered Individual from a third party under an express or implied obligation of confidence., Covered Individuals, – All staff, faculty members, students, adjunct professors in residence, and any other individuals associated with the University., Copyrightable Work, – A creative work that is protectable under the copyright laws of the United States or other countries. Copyright protection is available for most literary, musical, dramatic, and other types of creative works, including, for example, computer software, teaching materials, multimedia works, proposals, and research reports., CVIP, – The University Office of Commercial Ventures and Intellectual Property, which has primary responsibility for administering the development and commercialization of Intellectual Property through licensing or other arrangements., Director, – The Executive Director of the CVIP., Evaluation Committee or Committee, – One of several University committees, each with a particular area of technical expertise, that advises the CVIP and Vice Chancellor for Research in evaluating Inventions, Tangible Research Materials, and Copyrightable Works., Exempted Scholarly Work, – A Scholarly Work that falls within certain categories of Copyrightable Works for which academic institutions have historically waived any ownership interest in favor of the author. The University currently recognizes the following categories of Exempted Scholarly Works: textbooks, class notes, research proposals, classroom presentation and instruction, research articles, research monographs,…, Intellectual Property, – Inventions, Copyrightable Works, and Tangible Research Materials., Invention, – A discovery or development that may be protectable under the patent laws of the United States, the United States Plant Variety Protection Act, or equivalent laws in other countries., Outside Researcher, – An individual who performs or directs research for an organization other than the University., President, – The President of the University or his or her designee., Public Disclosure or Publicly Disclosed, – Any written or oral disclosure of an Invention or Copyrightable Work to any person not under a contractual or fiduciary obligation of confidentiality to the University., Scholarly Work, – A Copyrightable Work that has the primary goal of disseminating academic or scholarly knowledge or is a work of artistic expression. As described in Section III.C. below, whether a Copyrightable Work is a Scholarly Work will be determined by the Director and Vice Chancellor for Research on a case-by-case basis (except that Exempted Scholarly Works are automatically considered Scholarly Works).…, Tangible Research Materials or Materials, – Tangible biological, chemical, and physical materials or equipment. Examples include cell lines, antibodies, DNA or RNA, chemical samples, plasmids, and prototypes., Vice Chancellor for Research, – The Vice Chancellor for Research at each campus, or where no such person exists, the Provost (or their designees)., II. Scope, Persons Subject to the Policy All Covered Individuals are subject to this Policy. Types of Intellectual Property Covered by the Policy This Policy addresses the three categories of Intellectual Property (Inventions, Copyrightable Works, and Tangible Research Materials) as well as Confidential Information. The President shall have authority to designate additional types of Intellectual Property…, III. Policy, A. Participation Agreement, The University has adopted a Participation Agreement, attached as Exhibit A, that confirms acceptance of this Policy by Covered Individuals and assigns to the University all rights in any Intellectual Property in which the University asserts ownership (as described below). Students – Students must sign the Participation Agreement prior to employment by the University in any research-related…, B. Ownership of Intellectual Property, Any Covered Individual who invents, creates, or discovers any Intellectual Property will own all rights to such Intellectual Property except as follows: Use of University Resources – The University will own any Intellectual Property (other than Exempted Scholarly Works) that is made, discovered, or created by any Covered Individual who makes significant use of University resources (including…, C. Administrative Procedures – Inventions and Copyrightable Works, A primary goal of the University is the discovery and free dissemination of knowledge for the benefit of the public. The University recognizes, however, that in certain instances the public will only benefit from knowledge that is protected under the patent or copyright laws, which provide an incentive for economic development of that knowledge. The University therefore requests that all Covered…, D. Administrative Procedures – Tangible Research Materials, While potential commercial value should not inhibit the free exchange of University-owned Tangible Research Materials for research purposes, the University nonetheless recognizes that such Materials may have significant commercial value. In addition, Tangible Research Materials received by Covered Individuals may be subject to contractual restrictions that severely limit the use and transfer of…, E. Administrative Procedures – Confidential Treatment of Information, While the academic tradition of free dissemination of knowledge for the public benefit is recognized by the University to be of paramount importance, it may be necessary or desirable, under some circumstances, to restrict disclosure of Confidential Information received from a sponsor company or to delay Public Disclosure of an Invention. The University has developed the following procedures to…, F. Administrative Procedures – Sponsored Research with Commercial Organizations, The Vice Chancellor for Research in consultation with the CVIP shall have responsibility for negotiating, executing, and administering funded research agreements between the University and commercial organizations, in accordance with the University policies on sponsored research. The Vice Chancellor for Research may delegate all or some of these responsibilities to the CVIP. CVIP approval is…, G. Commercialization of University-Owned Intellectual Property, The CVIP in consultation with the Vice Chancellor for Research shall have responsibility for commercial development and administration of all University-owned Intellectual Property. This commercial development will ordinarily occur through licensing of Inventions, Copyrightable Works, or Materials to a company. The CVIP will regularly consult with, seek the advice of, and inform the inventor or…, H. Enforcement, The Director, the Vice Chancellor for Research, or the President may refer any matter to the appropriate University official for disciplinary or other appropriate action., I. Appeals, If a faculty member disagrees with any decision by the Vice Chancellor for Research or the Director, the faculty member may request an advisory opinion from an ad hoc faculty committee composed of three members appointed by the Chancellor for that campus and three members appointed by the Faculty Senate. The faculty member and the Vice Chancellor for Research will each present their views to the…, J. Interpretation of Policy; Exceptions, The Director shall administer this Policy in regular consultation with the Vice Chancellors for Research and the President. The President shall have authority to interpret this Policy and, upon recommendation of the Vice President for Economic Development and in consultation with the General Counsel, may grant exceptions to the Policy in appropriate cases., K. Reports, The Vice Chancellor for Research shall file with the Faculty Senate an annual report on disclosures and materials transfer agreements, indicating the number received, time involved in processing, and disposition. The report shall present summary statistics and shall maintain the confidentiality of individual disclosures.
Type: Book page
Doc. T96-040, Passed by the Board of Trustee on April 2, 1997 The prompt and open dissemination of the results of research and creative work among scholars and, eventually, to the public at large is essential to the University's mission of education and research. The commercial development and distribution of the results of research and creative work to benefit the inventor or creator and the economy is part…, I. Definitions, As used in this Policy, the following words shall have the following meanings:, Confidential Information, – Information that is received by a Covered Individual from a third party under an express or implied obligation of confidence., Covered Individuals, – All staff, faculty members, students, adjunct professors in residence, and any other individuals associated with the University., Copyrightable Work, – A creative work that is protectable under the copyright laws of the United States or other countries. Copyright protection is available for most literary, musical, dramatic, and other types of creative works, including, for example, computer software, teaching materials, multimedia works, proposals, and research reports., CVIP, – The University Office of Commercial Ventures and Intellectual Property, which has primary responsibility for administering the development and commercialization of Intellectual Property through licensing or other arrangements., Director, – The Executive Director of the CVIP., Evaluation Committee or Committee, – One of several University committees, each with a particular area of technical expertise, that advises the CVIP and Vice Chancellor for Research in evaluating Inventions, Tangible Research Materials, and Copyrightable Works., Exempted Scholarly Work, – A Scholarly Work that falls within certain categories of Copyrightable Works for which academic institutions have historically waived any ownership interest in favor of the author. The University currently recognizes the following categories of Exempted Scholarly Works: textbooks, class notes, classroom presentation and instruction, research articles, research monographs, student theses and…, Intellectual Property, – Inventions, Copyrightable Works, and Tangible Research Materials., Invention, – A discovery or development that may be protectable under the patent laws of the United States, the United States Plant Variety Protection Act, or equivalent laws in other countries., Outside Researcher, – An individual who performs or directs research for an organization other than the University., President, – The President of the University or his or her designee., Public Disclosure or Publicly Disclosed, – Any written or oral disclosure of an Invention or Copyrightable Work to any person not under a contractual or fiduciary obligation of confidentiality to the University., Scholarly Work, – A Copyrightable Work that has the primary goal of disseminating academic or scholarly knowledge, or is a work of artistic expression. As described below, whether a Copyrightable Work is a Scholarly Work will be determined by the Director and Vice Chancellor for Research on a case-by-case basis (except that Exempted Scholarly Works are automatically considered Scholarly Works), and under most…, Tangible Research Materials or Materials, – Tangible biological, chemical, and physical materials or equipment. Examples include cell lines, antibodies, DNA or RNA, chemical samples, plasmids, and prototypes., Vice Chancellor for Research, – The Vice Chancellor for Research at each campus, or where no such person exists, the Provost (or their designees)., II. Scope, A. Persons Subject to the Policy, All Covered Individuals are subject to this Policy., B. Types of Intellectual Property Covered by the Policy, This Policy addresses the three categories of Intellectual Property (Inventions, Copyrightable Works, and Tangible Research Materials) as well as Confidential Information. The President shall have authority to designate additional types of Intellectual Property under this Policy., III. Policy, A. Participation Agreement, The University has adopted a Participation Agreement, attached as Exhibit A, that confirms acceptance of this Policy by Covered Individuals and assigns to the University all rights in any Intellectual Property in which the University asserts ownership (as described below). Students – Students must sign the Participation Agreement prior to employment by the University in any research-related…, B. Ownership of Intellectual Property, Any Covered Individual who invents, creates, or discovers any Intellectual Property will own all rights to such Intellectual Property except as follows: Use of University Resources – The University will own any Intellectual Property (other than Exempted Scholarly Works) that is made, discovered, or created by any Covered Individual who makes significant use of University resources (including…, C. Administrative Procedures – Inventions and Copyrightable Works, A primary goal of the University is the discovery and free dissemination of knowledge for the benefit of the public. The University recognizes, however, that in certain instances the public will only benefit from knowledge that is protected under the patent or copyright laws, which provide an incentive for economic development of that knowledge. The University therefore requests that all Covered…, D. Administrative Procedures - Tangible Research Materials, While potential commercial value should not inhibit the free exchange of University-owned Tangible Research Materials for research purposes, the University nonetheless recognizes that such Materials may have significant commercial value. In addition, Tangible Research Materials received by Covered Individuals may be subject to contractual restrictions that severely limit the use and transfer of…, E. Administrative Procedures - Confidential Treatment of Information, While the academic tradition of free dissemination of knowledge for the public benefit is recognized by the University to be of paramount importance, it may be necessary or desirable, under some circumstances, to restrict disclosure of Confidential Information received from a sponsor company or to delay Public Disclosure of an Invention. The University has developed the following procedures to…, F. Administrative Procedures – Sponsored Research with Commercial Organizations, The Vice Chancellor for Research in consultation with the CVIP shall have responsibility for negotiating, executing, and administering funded research agreements between the University and commercial organizations, in accordance with the University policies on sponsored research. The Vice Chancellor for Research may delegate all or some of these responsibilities to the CVIP. CVIP approval is…, G. Commercialization of University-Owned Intellectual Property, The CVIP in consultation with the Vice Chancellor for Research shall have responsibility for commercial development and administration of all University-owned Intellectual Property. This commercial development will ordinarily occur through licensing of Inventions, Copyrightable Works, or Materials to a company. If the CVIP is successful in its commercialization efforts, the inventor or creator…, H. Enforcement, The Director, the Vice Chancellor for Research, or the President may refer any matter to the appropriate University official for disciplinary or other appropriate action., I. Appeals; Interpretation of Policy; Exceptions, The Director shall administer this Policy in regular consultation with the Vice Chancellors for Research and the President. The President, upon recommendation of the Vice President for Economic Development and in consultation with the General Counsel, may grant exceptions to the Policy in appropriate cases. The President shall have authority to overrule any decision of a Vice Chancellor or the…, University of Massachusetts Dartmouth Exhibit A to Intellectual Property Policy Participation Agreement, In consideration of the benefits that I receive as a result of my access to University-administered funds and University-funded time, facilities, and equipment, I agree as follows: Acknowledgment. I acknowledge that I have read and understood the Intellectual Property Policy (the "Policy") of the University of Massachusetts (the "University"), a copy of which is attached to this Agreement, and I…
Type: Book page
Doc. T96-040, Passed by the Board of Trustees on June 5, 1996 The prompt and open dissemination of the results of research and creative work among scholars and, eventually, to the public at large is essential to the University's mission of education and research. The commercial development and distribution of the results of research and creative work to benefit the inventor or creator and the economy is part…, I. Definitions, As used in this Policy, the following words shall have the following meanings:, Confidential Information, – Information that is received by a Covered Individual from a third party under an express or implied obligation of confidence., Covered Individuals, – All staff, faculty members, students, adjunct professors in residence, and any other individuals associated with the University., Copyrightable Work, – A creative work that is protectable under the copyright laws of the United States or other countries. Copyright protection is available for most literary, musical, dramatic, and other types of creative works, including, for example, computer software, teaching materials, multimedia works, proposals, and research reports., CVIP, – The University Office of Commercial Ventures and Intellectual Property, which has primary responsibility for administering the development and commercialization of Intellectual Property through licensing or other arrangements., Director, – The Executive Director of the CVIP., Evaluation Committee or Committee, – One of several University committees, each with a particular area of technical expertise, that advises the CVIP and Vice Chancellor for Research in evaluating Inventions, Tangible Research Materials, and Copyrightable Works., Exempted Scholarly Work, – A Scholarly Work that falls within certain categories of Copyrightable Works that have been formally recognized by the University as being Scholarly Works. The University currently recognizes the following categories of Exempted Scholarly Works: textbooks, class notes, research articles, research monographs, student theses and dissertations, paintings, drawings, sculpture, musical compositions…, Intellectual Property, – Inventions, Copyrightable Works, and Tangible Research Materials., Invention, – A discovery or development that is protectable under the patent laws of the United States or other countries., Outside Researcher, – An individual who performs or directs research for an organization other than the University., President, – The President of the University or his or her designee., Public Disclosure or Publicly Disclosed, – Any written or oral disclosure of an Invention or Copyrightable Work to any person not under a contractual or fiduciary obligation of confidentiality to the University., Scholarly Work, – A Copyrightable Work that has the primary goal of disseminating academic or scholarly knowledge, or is a work of art or literature. As described below, whether a Copyrightable Work is a Scholarly Work will be determined by the Director and Vice Chancellor for Research on a case-by-case basis (except that Exempted Scholarly Works are automatically considered Scholarly Works), and under most…, Tangible Research Materials or Materials, – Tangible biological, chemical, and physical materials or equipment. Examples include cell lines, antibodies, DNA or RNA, chemical samples, plasmids, and prototypes., Vice Chancellor for Research, – The Vice Chancellor for Research at each campus, or where no such person exists, the Provost (or their designees)., II. Scope, A. Persons Subject to the Policy, All Covered Individuals are subject to this Policy., B. Types of Intellectual Property Covered by the Policy, This Policy addresses the three categories of Intellectual Property (Inventions, Copyrightable Works, and Tangible Research Materials) as well as Confidential Information. The President shall have authority to designate additional types of Intellectual Property under this Policy., III. Policy, A. Participation Agreement, The University has adopted a Participation Agreement, attached as Exhibit A, that confirms acceptance of this Policy by Covered Individuals and assigns to the University all rights in any Intellectual Property in which the University asserts ownership (as described below). Students – Students must sign the Participation Agreement prior to employment by the University in any research-related…, B. Ownership of Intellectual Property, Any Covered Individual who invents, creates, or discovers any Intellectual Property will own all rights to such Intellectual Property except as follows: Use of University Resources – The University will own any Intellectual Property (other than Exempted Scholarly Works) that is made, discovered, or created by any Covered Individual who makes significant use of University resources (including…, C. Administrative Procedures – Inventions and Copyrightable Works, A primary goal of the University is the discovery and free dissemination of knowledge for the benefit of the public. The University recognizes, however, that in certain instances the public will only benefit from knowledge that is protected under the patent or copyright laws, which provide an incentive for economic development of that knowledge. The University therefore requests that all Covered…, D. Administrative Procedures – Tangible Research Materials, While potential commercial value should not inhibit the free exchange of University-owned Tangible Research Materials for research purposes, the University nonetheless recognizes that such Materials may have significant commercial value. In addition, Tangible Research Materials received by Covered Individuals may be subject to contractual restrictions that severely limit the use and transfer of…, E. Administrative Procedures – Confidential Treatment of Information, While the academic tradition of free dissemination of knowledge for the public benefit is recognized by the University to be of paramount importance, it may be necessary or desirable, under some circumstances, to restrict disclosure of Confidential Information received from a sponsor company or to delay Public Disclosure of an Invention. The University has developed the following procedures to…, F. Administrative Procedures – Sponsored Research with Commercial Organizations, The Vice Chancellor for Research in consultation with the CVIP shall have responsibility for negotiating, executing, and administering funded research agreements between the University and commercial organizations, in accordance with the University policies on sponsored research. The Vice Chancellor for Research may delegate all or some of these responsibilities to the CVIP. CVIP approval is…, G. Commercialization of University-Owned Intellectual Property, The CVIP in consultation with the Vice Chancellor for Research shall have responsibility for commercial development and administration of all University-owned Intellectual Property. This commercial development will ordinarily occur through licensing of Inventions, Copyrightable Works, or Materials to a company. If the CVIP is successful in its commercialization efforts, the inventor or creator…, H. Enforcement, The Director, the Vice Chancellor for Research, or the President may refer any matter to the appropriate University official for disciplinary or other appropriate action., I. Appeals; Interpretation of Policy; Exceptions, The Director shall administer this Policy in regular consultation with the Vice Chancellors for Research and the President. The President, upon recommendation of the Vice President for Economic Development and in consultation with the General Counsel, may grant exceptions to the Policy in appropriate cases. The President shall have authority to overrule any decision of a Vice Chancellor or the…
Type: Book page
Doc. T96-040, as amended, Passed by the Board of Trustees on April 11, 1996 Latest revision: February 4, 2004 The prompt and open dissemination of the results of research and creative work among scholars and, eventually, to the public at large is essential to the University's mission of education and research. The commercial development and distribution of the results of research and creative work to benefit the inventor…, I. Definitions, As used in this Policy, the following words shall have the following meanings:, Confidential Information, – Information that is received by a Covered Individual from a third party under an express or implied obligation of confidence., Covered Individuals, – All staff, faculty members, students, adjunct professors in residence, and any other individuals associated with the University., Copyrightable Work, – A creative work that is protectable under the copyright laws of the United States or other countries. Copyright protection is available for most literary, musical, dramatic, and other types of creative works, including, for example, computer software, teaching materials, multimedia works, proposals, and research reports., CVIP, – The University Office of Commercial Ventures and Intellectual Property, which has primary responsibility for administering the development and commercialization of Intellectual Property through licensing or other arrangements. CVIP may also be referred to as the Office of Technology Management or OTM., Director, – The Executive Director of the CVIP., Evaluation Committee or Committee, – One of several University committees, each with a particular area of technical expertise, that advises the CVIP and Vice Chancellor for Research in evaluating Inventions, Tangible Research Materials, and Copyrightable Works., Exempted Scholarly Work, – A Scholarly Work that falls within certain categories of Copyrightable Works that have been formally recognized by the University as being Scholarly Works. The University currently recognizes the following categories of Exempted Scholarly Works: textbooks, class notes, research articles, research monographs, student theses and dissertations, paintings, drawings, sculpture, musical compositions…, Intellectual Property, – Inventions, Copyrightable Works, and Tangible Research Materials., Invention, – A discovery or development that is protectable under the patent laws of the United States or other countries., Outside Researcher, – An individual who performs or directs research for an organization other than the University., President, – The President of the University or his or her designee., Public Disclosure or Publicly Disclosed, – Any written or oral disclosure of an Invention or Copyrightable Work to any person not under a contractual or fiduciary obligation of confidentiality to the University., Scholarly Work, – A Copyrightable Work that has the primary goal of disseminating academic or scholarly knowledge, or is a work of art or literature. As described below, whether a Copyrightable Work is a Scholarly Work will be determined by the Director and Vice Chancellor for Research on a case-by-case basis (except that Exempted Scholarly Works are automatically considered Scholarly Works), and under most…, Tangible Research Materials or Materials, – Tangible biological, chemical, and physical materials or equipment. Examples include cell lines, antibodies, DNA or RNA, chemical samples, plasmids, and prototypes., Vice Chancellor for Research, – The Vice Chancellor for Research at each campus, or where no such person exists, the Provost (or their designees)., II. Scope, A. Persons Subject to the Policy, All Covered Individuals are subject to this Policy., B. Types of Intellectual Property Covered by the Policy, This Policy addresses the three categories of Intellectual Property (Inventions, Copyrightable Works, and Tangible Research Materials) as well as Confidential Information. The President shall have authority to designate additional types of Intellectual Property under this Policy., III. Policy, A. Participation Agreement, The University has adopted a Participation Agreement, attached as Exhibit A, that confirms acceptance of this Policy by Covered Individuals and assigns to the University all rights in any Intellectual Property in which the University asserts ownership (as described below). Students – Students must sign the Participation Agreement prior to employment by the University in any research-related…, B. Ownership of Intellectual Property, Any Covered Individual who invents, creates, or discovers any Intellectual Property will own all rights to such Intellectual Property except as follows: Use of University Resources – The University will own any Intellectual Property (other than Exempted Scholarly Works) that is made, discovered, or created by any Covered Individual who makes significant use of University resources (including…, C. Administrative Procedures – Inventions and Copyrightable Works, A primary goal of the University is the discovery and free dissemination of knowledge for the benefit of the public. The University recognizes, however, that in certain instances the public will only benefit from knowledge that is protected under the patent or copyright laws, which provide an incentive for economic development of that knowledge. The University therefore requests that all Covered…, D. Administrative Procedures – Tangible Research Materials, While potential commercial value should not inhibit the free exchange of University-owned Tangible Research Materials for research purposes, the University nonetheless recognizes that such Materials may have significant commercial value. In addition, Tangible Research Materials received by Covered Individuals may be subject to contractual restrictions that severely limit the use and transfer of…, E. Administrative Procedures – Confidential Treatment of Information, While the academic tradition of free dissemination of knowledge for the public benefit is recognized by the University to be of paramount importance, it may be necessary or desirable, under some circumstances, to restrict disclosure of Confidential Information received from a sponsor company or to delay Public Disclosure of an Invention. The University has developed the following procedures to…, F. Administrative Procedures – Sponsored Research with Commercial Organizations, The Vice Chancellor for Research in consultation with the CVIP shall have responsibility for negotiating, executing, and administering funded research agreements between the University and commercial organizations, in accordance with the University policies on sponsored research. The Vice Chancellor for Research may delegate all or some of these responsibilities to the CVIP. CVIP approval is…, G. Commercialization of University-Owned Intellectual Property, The CVIP in consultation with the Vice Chancellor for Research shall have responsibility for commercial development and administration of all University-owned Intellectual Property. This commercial development will ordinarily occur through licensing of Inventions, Copyrightable Works, or Materials to a company. If the CVIP is successful in its commercialization efforts, the inventor or creator…, H. Enforcement, The Director, the Vice Chancellor for Research, or the President may refer any matter to the appropriate University official for disciplinary or other appropriate action., I. Appeals; Interpretation of Policy; Exceptions, The Director shall administer this Policy in regular consultation with the Vice Chancellors for Research and the President. The President, upon recommendation of the Vice President for Economic Development and in consultation with the General Counsel, may grant exceptions to the Policy in appropriate cases. The President shall have authority to overrule any decision of a Vice Chancellor or the…, Doc. T96-040, as amended | Intellectual Property Policy, Worcester, Passed by the Board of Trustees on April 11, 1996 Revised: May 5, 1999 February 4, 2004
Type: Book page
Doc. T93-122, as amended, Passed by the Board of Trustees on December 1, 1993 Latest revision: December 13, 2018, Purpose, This Capital Policy provides specific criteria relating to capital planning, land and facilities use and other related topics such as ongoing maintenance, the leasing and use of land and/or facilities, and the acquisition or disposition of real estate by the University of Massachusetts (University or the System).
Type: Book page
Capital planning is an integral part of the University’s long-range and strategic planning processes, as it affects all aspects of the University’s programs and operations. The President’s Office facilitates the implementation of this policy and manages the processes set forth in the associated administrative standards. Any work done by the University of Massachusetts Building Authority (UMBA)…
Type: Book page
A. Campus Land and Facilities Use Master Plans, Capital Planning, Project Review and Approval, Each campus shall prepare and maintain a land and facilities use master plan (campus master plan). The campus master plan is for the purpose of establishing a framework for orderly growth and development of capital improvements that is responsive to a campus’ current and projected needs and sufficiently flexible to accommodate changes that can be expected to occur in a dynamic environment. The…, B. Funding Deferred Maintenance: "Keep Up" and "Catch Up" Targets and Maintenance of Facilities, The University President shall define “Keep up” and “Catch up” targets and promulgate standards to ensure that campuses are making progress toward meeting the deferred maintenance needs of University facilities. , C. Disposition & Acquisition of University Real Estate, Real estate, which include, but may not be limited to land, buildings, air rights, water rights and mineral rights owned by the University is the property of the Commonwealth of Massachusetts which has been entrusted to the University for stewardship. The University’s role as steward of this property is crucial, since the prudent use of our limited resources is key to our ability to provide for…, D. Agreements for the Use of Real Estate, The execution of any agreement for the use of real estate from entities or to entities must support the University’s educational research, and/or community outreach mission and must have received all applicable internal approvals in writing prior to any documentation being signed., E. Private Use, Any facilities of the campuses that are purchased, constructed, renovated, rehabilitated, improved or otherwise funded from a tax-exempt bond issue are subject to private business use limitations as described in the federal tax law. When proposing a substantive change in the existing use of a facility financed with tax-exempt debt, campuses should consider the private use implications of such a…, F. Delegation, The University President and Chancellors may delegate all or any part of their authority set forth in this Policy, in accordance with the University’s delegation policy., G. Standards, The University President, in consultation with the Vice President(s) and Chancellors, will issue administrative standards to implement this policy which may be revised from time-to-time.
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(Doc. T93-122, as amended), I. Introduction, These Administrative Standards (“Standards”) are intended to assist in the implementation of the University of Massachusetts’ (“University”) Capital Planning, Land, and Facilities Use Policy (T93-122) (“Policy”). The Policy provides a framework within which the University develops and reviews Campus master plans, the University’s five-year capital plan, and the review and approval of capital…, II. Definitions, Alternative Financing and Delivery – A contractual arrangement between a public entity and a private sector developer whereby a range of project risks and responsibilities can be transferred to the private sector developer. Approved Capital Project List – A list of capital projects, as defined below, which is reviewed quarterly and approved by the University President or the Board of Trustees.…, III. Standards Statement, A. Campus Land and Facilities Use Master Plans; Capital Planning and Project Review and Approval, Development of the Land and Facilities Use Master Plan – Each Campus shall prepare and maintain a land and facilities use master plan(s) (“Campus Master Plan”), which shall include, at a minimum: Information about the Campus’ mission and goals. An inventory and description of existing land and facilities, including a description of the possible new or revised use of existing land and facilities.…, B. Funding Deferred Maintenance: "Keep Up" and "Catch Up" Maintenance of Facilities, Establishing Spending Targets Annually, the President’s Office will issue instructions as part of the annual budget and 5-year forecast exercises detailing the annual “Keep Up” target for each Campus. Targets should be based on the capital investments necessary to meet the facility lifecycle cost analysis, which shall be performed annually by a third party. Annual investments should grow in…, C. Disposition & Acquisition of University Real Estate, These Standards are intended to implement those portions of the Policy concerning the disposition and acquisition of University Real Estate. These Standards also are intended to govern Campus requests for the acquisition and disposition of UMBA Real Estate utilized by a campus. The University is responsible for the management and maintenance of all University Real Estate and, pursuant to the…, D. Agreements on the Use of Real Estate, These Standards are intended to implement those portions of the Policy concerning the use of real estate by the University. These Standards shall apply to the negotiation and execution of leases, licenses, and other agreements regarding the use of University Real Estate and the University’s use of real estate owned by other parties. Capital Projects. Any Capital Project that requires the…, E. Other Undefined Projects, Projects not defined in these Standards or which otherwise are not clearly categorized into one of the sections above should be submitted for consideration to the Senior Vice President of A&F and Treasurer by the requesting Campus. The Senior Vice President of A&F and Treasurer will consult with UMBA and Office of the General Counsel to determine the approval process for the project.…, F. Review by Office of the General Counsel, Any interpretation or questions related to Sections C-E herein shall be submitted for legal review to the Office of the General Counsel. Transaction documents contemplated under Sections C-E shall constitute Real Property Agreements, as defined in the Procurement Policy and associated Administrative Standards for the Procurement Policy (Doc. T92-031) (“Procurement Policy and Standards”). The…, G. Private Business Use, Any facilities of the Campuses that are purchased, constructed, renovated, rehabilitated, improved or otherwise funded by use of funds from a tax-exempt bond issue are subject to limitations on “Private Business Use”, as defined below, and as further described in the federal tax law. Excessive Private Business Use of facilities financed with tax-exempt bonds may cause the interest on the tax-…, IV. Financial Ratios & Benchmarks, Operating Margin, – indicates whether total operating activities resulted in either a surplus or deficit as a percentage of the budget. Calculation: Begin fraction, begin numerator, open paranthesis, total: Operating Revenue plus Government Appropriations plus Gifts plus Endowment Income plus NonOperating Federal Grants plus Investment Income Net of Unrealized Gains and Losses, close parenthesis, end numerator,…, Debt Burden Ratio, – compares the relative cost of borrowing to overall expenditures. Calculation: Begin fraction, begin numerator, Debt Service (P&I), end numerator, begin denominator, open paranthesis, total: Operating Expenses plus Interest Expenses, close paranthesis, end denominator, end fraction., Debt Coverage Ratio, – measures the ability to make debt service payments from annual operations. Calculation*: Begin fraction, begin numerator, total: open paranthesis, total revenues minus total expenses, close paranthesis, plus Depreciation, plus Interest, plus Large Noncash Expenses, end numerator, begin denominator, Debt Service (P&I), end denominator, end fraction. *Noncash expenses include pension…, V. Related Policies and Processes, The Policy and these Standards should be reviewed in consultation with: Debt Policy (T09-050) University Reserve Policy (T18-026) Procurement Policy (T92-031, Appendix A) Annual 5-year Financial Forecast Annual Operating Budget UMBA Policy and Procedures for the Purchase and Sale of Real Estate and all other relevant policies and procedures.
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Project Name, Purpose, The purpose of the Capital Project Review process is to: (1) provide guidance to the University’s Campuses on Traditional Project Vote 2 approvals from the President or the Board of Trustees; and (2) provide a uniform method for documenting the full capital spending requirements so that capital activity can be effectively communicated and monitored. The UMass President’s Office requires all…, I. General Information, Campus:, Project Name:, UMBA Project Number (if applicable):, Project Delivery Method:, c.30, c.149, (or) c.149A, Identify Enabling Projects and Critical Timing Implications:, Gross Square Footage:, State the estimated gross square footage of the total project. Explain this projects impact on the Campus’ overall space inventory including any plans to reprogram, abandon or demolish existing space., Project Description:, Briefly describe the project and its general use. If the project includes a mixture of new construction and renovation work, describe the amounts in each portion of the project. State any unique design objectives for the project that may affect project costs in the areas of appearance, use, or construction methods. Indicate if the project is expected to be less expensive, of average cost, or more…, II. Project Justification, Justification:, Briefly justify the need for this project. Reference the Campus strategic plan and/or Campus master plan as appropriate. Discuss the alternatives considered and why they were rejected. Provide a statement on the Campus’s realistic expectations for funding. Explain the consequences if the project is not approved., Facility Purpose/Use:, Briefly describe how this facility will be used once it is complete., Site Description:, Provide a general street address or basic description of location. If appropriate, describe any external factors influencing the cost of construction on the site such as existing streets and roads, parking areas, vehicular access, adjacent construction, drainage, above and below ground utilities, easements, etc., III. Project Schedule, Site Mobilization & Early Construction Packages: Month, 20XX Final Design Package: Month: 20XX Commence Main Package Construction: Month, 20XX Substantial Completion: Month XX, 20XX Certificate of Occupancy (Operational occupancy): Month XX, 20XX Project Completion: Month, 20XX, IV. Financial Planning, Sources of Project Funding, Local Funding - Reserves: $ Local Funding - Operating: $ External Fund Raising: $ Borrowed Funding: $ State Funding: $ Other: $ Total: $, Income Projection:, For projects with an associated revenue stream, provide a five-year forecast of the project's operating revenues and expenditures from the date of completion of the project. All assumptions should be specified in the forecast., V. Estimated Total Project Cost (TPC), Vote 1 Approval - Preliminary Cost: $ Proposed Cost (TPC) for Vote 2 Approval: $, Total Project Cost (TPC) Breakdown, Hard Costs (ECC) Construction (incl. Pre-Con, Exploratory, Escalation, GMP Contingency): $ Soft Costs Professional Services Fees (OPM, Designer, Cx, Testing): $ Administrative Costs (Legal, Insurance, LEED, Printing/Advertising): $ Furniture & Equipment: $ Technology / IT / Security: $ Audio Visual: $ Other misc. costs (Signage/Branding, Moving, Events): $ Project Contingencies…, VI. Campus Approvals, Campus Facilities Approval: Campus Facilities Approval Date: Campus Admin. & Finance Approval: Campus Admin. & Finance Approval Date:, VII. Attachments, Executive Committee Presentation dated Month XX, 20XX Project Budget dated Month XX, 20XX Reconciled Schematic Design Cost Estimate dated Month XX, 20XX Project Schedule dated Month XX, 20XX Schematic Design dated Month XX, 20XX
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