ARTICLE 27

                                                                General Provisions

Section A.  Legal Counsel .  If civil proceedings  are brought against a faculty member  for acts committed while acting within the scope of employment, he/she shall be furnished legal counsel in accordance with Minnesota Statutes .

 

Section B.  Unemployment Compensation .  All faculty members shall be eligible for unemployment compensation  benefits as provided for by law.

 

 

Section C.  Ethical Standards:  External Service  and Other Activities .

 

   Subd. 1.  External Employment and Other Activities .

 

      a.   A faculty member  shall be free to accept such external employment as does not interfere with the full and proper performance of duties to his/her respective university  as outlined in this Subdivision.

 

      b.   Faculty  members shall not engage in any external activity which interferes with their regular duties.

 

      c.    During a period of full-time employment, a faculty member  shall not receive either an annual retaining fee or a regular salary from any external source unless the arrangement has been approved in advance by the President /designee .  This provision does not apply to such things as the writing of books or articles, the creation of computer software or artistic works, or the giving of occasional speeches or consultations.

 

      d.   A full-time faculty member  serving as a regular paid consultant or staff member  for another Minnesota state agency shall do so with an appropriate leave of absence and deduction of pay at the university .

 

      e .    During a period of full-time employment, a faculty member  shall not engage in external consulting, employment, or other activities which require the faculty member ’s absence from the campus for more than an average of one (1) full duty day per week in any academic year .

 

      f.   During a period of full-time employment, a faculty member  who holds office in a scholarly or professional organization or who performs editorial or other duties for learned journals must report such duties to the President /designee  if these duties require the faculty member =s absence from campus for more than five (5) consecutive duty days  in any single academic term.

 

      g.   Faculty  members engaging in private practice shall not use the official stationery of the university  or of the Chancellor , or give as a business address the university, its buildings, its departments, or the office of the Chancellor.

 

   Subd. 2.  Conflict of Interest .

 

      a.   The technical equipment of the System  or university  shall not be used by a faculty member  for personal use without notice to and the consent of his/her Employer  and the payment of a reasonable fee for the privilege enjoyed.

 

      b.    Faculty  members shall not use their position to secure special privileges or exemptions for themselves or others.

 

g.          

  c.   Faculty  members shall not engage in any transaction as a representative or agent of the State with any business entity in which they have a substantial direct or indirect pecuniary interest.  This shall not preclude the use in teaching of materials prepared by faculty members.  Faculty members  preparing materials for sale to students shall notify the President /designee .

 

      d.   Research Funded by the University.  A conflict of interest shall be deemed to exist:

 

             1.        Whenever a faculty member  and/or his/her immediate family in the aggregate own or have options to purchase five percent (5%) or more of voting stock in any company with which the faculty member  has a university  research  project.

 

             2.       Whenever a faculty member  and/or a member  of his/her immediate family holds a position as an operational officer in a company with which the faculty member has a university  research  project.

 

             3.        Whenever a faculty member  has an on-going private consulting agreement  with the same c company with which he/she has a university  research  project, if the agreement and the project relate to the same subject matter.

 

      e .      Research Funded by External Sources.

 

             1.   Prior to accepting support from a private sector sponsor, a faculty member  must disclose all his/her, and/or his/her immediate family’s, directly-related commercial connections and financial interests in that sponsor to the President /designee .

 

             2.   No agreement  or contract for sponsored research  projects shall be entered into which prohibits a faculty member  from publishing research results, except that the sponsor has the right to delete proprietary information from manuscripts prior to publication .  A faculty member  may agree in writing to delay publication until patents are filed.

 

Faculty  members who publish results shall agree to acknowledge in the publication  the role played by the university  in the research  project or in support of the project.  (See also Subd. 3.c. below.)

 

f.                         If a faculty member  believes that a conflict of interest may be created, he/she may (1) avoid

entering into the business relationship which may create the situation, or (2) notify the President /designee  in writing of the activity and the nature of the possible conflict of interest.   UUpon receipt of such notice, the President/designee  shall obtain an advisory legal opinion regarding the matter.  Copies of such an advisory legal opinion shall be provided to the faculty member , the IFO , and other affected parties.

 

  Subd. 3.  Confidentiality .

 

h.       

a.   Faculty  members shall not accept employment or engage in any business or professional activity which they might reasonably expect would require or induce them to disclose confidential information acquired by reason of their official position.

 

      b.   Faculty  members shall not disclose to unauthorized persons confidential information obtained by them by reason of their official position nor shall faculty members otherwise use such information for personal gain or benefit .

 

      c.              A faculty member  may enter into a confidentiality agreement  with the sponsor of a research  project in which the faculty member  elects to participate, if such an agreement is required by the sponsor.  However, such a confidentiality agreement shall be subject to the limitations specified in Subd. 2. e . 2. above.

 

   Subd. 4.  Patents and Intellectual Property .

 

a.   A faculty member  shall be entitled to complete ownership and control of any patentable  discoveries or inventions, or of intellectual property, except where the faculty member =’s

 normal workload  was reduced for purposes of the development project,  where the  university  has provided substantial support for or involvement in the project, or where the inventions or discoveries are produced as a result of agreements or contracts bbetween the university and external sponsors.

 

b.   Ownership of intellectual property, or of patentable discoveries or inventions, shall be shared by the faculty member  and the university  in an equitable ratio if the intellectual property, or the discoveries or inventions, are produced under one or more of the following circumstances:

 

             1.              with substantial university  support and involvement;

 

                  2.   with release time granted with the expectation that patentable information or products will result;

 

            3.   under an assigned duty and/or work-for-hire arrangement with an external sponsor.

 

Whenever possible, an equitable ratio of ownership shall be established in advance and incorporated into an agreement  between the university  and the faculty member .  Fees involved in copyright and patent application shall be shared on the basis of the equitable ratio of ownership established above.

 

 

i.           c.              A faculty member  engaged in research  which may lead to patentable or non-patentable inventions or discoveries, or intellectual property, shall maintain a log which includes dates and hours worked on the project, activities engaged in, and university  facilities and resources involved.

 

 

Section D. Travel on Behalf of the Employer .

 

Subd. 1.  Reimbursement .  Faculty  engaged in travel expressly assigned by the Employer  shall be reimbursed for expenses actually incurred while in travel status in accordance with DOER=]s Managerial Plan.  Copies of current travel regulations shall be readily available on each campus.

 

Subd. 2.  Use of Private Vehicles .  Whenever practicable, state-owned vehicles shall be made available for faculty members required to travel on behalf of the Employer .  The President /designee  may elect to allow faculty members to use personal vehicles on a case-by-case basis and reimburse the persons for mileage at the rates provided under DOER’s  Managerial Plan.  Except for emergency circumstances, or when defined by the President/designee