Appalachian State University

Faculty Senate Minutes

 

March 20, 2006 (Approved)

 

The faculty senate meeting was called to order by Chair Moore at 3:25 pm in the William Strickland Conference Room in I. G. Greer on Monday, March 20, 2006.  (Note:  Due to a technical malfunction, the first 10 minutes of the faculty senate meeting were not recorded).  Senators Arnold, Ehnenn, Felkel, Horton, Marland, and McCaughey were not in attendance.

I.        Announcements

 

A.  Chair Moore welcomed senators and visitors to the meeting.  Visitors were Dr. Andrew Koch, Dr. David Haney, Dr. Wilber Ward, Dr. Tim Burwell,

Dr. Robert Johnson, Dr. Paul Gates, Mr. David Larry, and Ms. Clair Baxter and Ms. Lillian Hogan (students representing The Appalachian).

B.   Chair Moore announced that Chancellor Peacock will be attending the April 10, 2006 faculty senate meeting.

II.       Visitors’ Reports

None

 

III.      Minutes

 

A.   Chair Moore asked for a motion to approve the February 13, 2006 minutes.  Senator Huelsman moved and Senator Marking seconded.  Motion passed.  (See Vote #1).

 

IV.      Nominations

A.   Chair Moore asked for a motion to nominate Mr. Sam McGuire (Music) as a Faculty Senator.  Senator Malloy moved and Senator Marking seconded.  Motion  passed.  (See Vote #2).

V.        Provost’s Report

 A.   Dr. Aeschleman announced that the Senate motion regarding EOA’s being elected by departmental DPC’s is approved.

 

 VI.     Committee Reports

A.   Academic Policies (HUELSMAN, Butts, Ehnenn, Mamlin)

 

Motion FS05-06/03-01 That the Faculty Senate approve the document titled “Policies and Procedures in Intellectual Property Transfer”.  Motion passed.  (See Vote #3).  (Please refer to Appendix A).

 

B.   Agenda Committee (MOORE, Marking, Harris, Aeschleman)

 

No Report.

C.   Budget Committee (STRAZICICH, Kaenzig, Pier, Staub)

 

The committee is working on a report about faculty salaries and the latest campus tuition increases.

 

D.   Campus Planning Committee (MARLAND, Jamison, McKinney)  

 

No Report

 

E.   Committee on Committees (MALLOY, Cramer, Jones, Lambert, McBride)

 

No report.

 

F.   Faculty Handbook Committee (Moore, Gates, Arnold, MARKING)

 

Motion 05-06/03-02 regarding proposed amendments to the Faculty Constitution be put to a vote at the 2006 Fall Faculty meeting.  Motion passed.  (See Vote #4). 

 

Whereas, an inclusive rather than exclusive definition of faculty eligible to vote eliminates uncertainty about who is eligible;

 

And Whereas, article 4.4.3.4 of the Faculty Handbook more accurately expresses the eligibility to vote of part-time faculty;

Therefore, The Faculty Senate requests the following amendment to the Faculty Constitution be put to a vote at the 2006 Fall Faculty meeting:

 

Section 2.

All members of the faculty, excluding emeriti faculty, adjunct faculty, and part-time faculty teaching less more than six (6) hours per semester, have the right to hold faculty offices and to vote in faculty meetings and faculty elections and in departmental and college committees on which they serve except as noted in Article II, Section 3.

 

2. Whereas, there has been confusion about who is, or should be, eligible to vote in personnel matters;

 

And Whereas, the title of Lecturer should be used only as defined in sections 4.4.2 and 4.4.2.2 of the Faculty Handbook;

 

And Whereas, the rank of Instructor should be reserved only for tenure-track appointments of faculty without the terminal degree,

 

Therefore, the Faculty Senate requests the following amendment to the Faculty Constitution be put to a vote at the 2006 Fall Faculty Meeting:

 

Section 3.

Those eligible to serve on and participate in election of members to departmental personnel committees are full time faculty in the ranks of lecturer, instructor, assistant professor, associate professor, and professor.

 

Motion 05-06/03-03 regarding proposed amendments to the Faculty Constitution be put to a vote at the 2006 Fall Faculty Meeting.  Motion passed.  (See Vote #5).

 

Whereas, faculty governance should be completely under faculty control, so that the faculty can work effectively with administration;

 

And Whereas this principle has been generally accepted by the practice that faculty committees must be chaired by a faculty member, not an administrator;

 

And Whereas, the chair and vice-chair of the Senate are elected officers of the faculty;

 

Therefore, the Faculty Senate requests the following amendment to the Faculty Constitution be put to a vote at the 2006 Fall Faculty Meeting:

 

 

ARTICLE III

Officers of the Faculty

 

Section 1.

The officers of the faculty shall be the chair, vice chair, recorder, and parliamentarian.

 

Section 2.

The Provost and Executive Vice Chancellor, Chair of the Faculty Senate, as chair of the faculty,  shall preside at the faculty meetings.

 

Section 3.

The Vice-Chair of the Faculty Senate shall be the vice chair of the faculty and shall assist the chair of the faculty in the preparation of agenda, and preside at performance of the duties of the chair of the faculty, including such duties as presiding at the faculty meetings in the absence of the chair of the faculty.

 

 

G.   Faculty Welfare and Morale Committee (FELKEL, Harris, Horton,  McCaughey)

                           

No Report

 

H.   Welfare of Students Committee (RARDIN, Ramsey, Scherlen, Smith)

                               

The committee asked for feedback by March 27, 2006 regarding the draft of the Faculty/Staff Safety Survey.  

 

I.    Ad Hoc Committee on Faculty Retirement (MOORE, Terry Cole (CMU), Marvin  Hoffman (PS/CJ), Len Johnson (HRS), Harold McKinney (MUS), Susan Keefe (ANT))

             

No Report

 

J.    Ad Hoc Committee on the Role of the Faculty Senate (ARNOLD, Gates, McBride, Rardin, Scherlen)

             

No Report

 

K.   Chancellor’s Advisory Committee meeting of  February 20, 2006.

 

No Report

 

L.  Vice-Chair report on Faculty Elections

                           

Senator Marking reported on the elections.  Four changes to the report were noted:  Senator Julian Horton received 32 votes from the College of Education for a Faculty Senate seat rather than one vote; Dr. Michael Ramey works in the Chemistry Department and not the English Department; and Dr. Margot Olson was not a write-in candidate for the Graduate Council and she is affiliated with the College of Fine and Applied Arts rather than the College of Education.  (Please refer to Appendix B).

             

M.  Faculty Assembly (GATES, Gravett, Koch, Jamison)

             

Dr. Andrew Koch reported on the following discussion points that were presented at the February 17, 2006 Faculty Assembly meeting he attended as a faculty assembly delegate.

 

1.  This was the first meeting with the new system president, Erskine Bowles.  President Bowles confessed his inexperience with academic institutions, but expressed his openness to ideas from the faculty and his commitment to shared governance.  He proposed increasing the frequency of Faculty Assembly meetings to once per month and rotating the campuses hosting the meetings.

 

2.  Legislative Update. The N. C. economic recovery was sluggish, but is now picking up.  For this year revenue collection is $213.7 million ahead of $9.8 billion target.  However, current optimistic projections could be affected by Medicaid and unanticipated growth in the public schools.  We were told to expect 2-4% from the legislature for faculty salary increases.  (Documents available in Faculty Senate Office)

 

3.  We were given a proposed list of new peer institutions for the 16 campuses. 

(Documents available in Faculty Senate Office)

 

4.  Non-Budget Legislative Priorities.  Some of the issues addressed include: Increasing the number of free courses available to faculty and staff from 2 to 3; a 25% reduction in tuition for the dependents of UNC employees; legislation to have parking fine monies returned to UNC campuses.  (Documents available in Faculty Senate Office)

 

5.  Use of Campus Based Tuition Increase Money.  We received a document showing the history of the campus based tuition increases going back to 2000-2001, including the proposed uses for the 2006-2007 academic year.  The document shows that out of the $5,084,800 in expected revenue from this source, ASU has set aside $762,720 for faculty salaries, well below the amounts set aside for salaries at UNCW ($2,007,067) and UNCC ($2,547,017).  This material has been shared with the Faculty Senate Budget Committee.  (Documents available in Faculty Senate Office)

 

6. Issues:

              Textbook Costs.  The issue of rising textbook costs has been discussed and there are some recommendations being generated for consideration at future meetings.

              Standardized Testing for College Students.  The Spelling Commission appointed by President Bush is preparing recommendations for higher education accountability and is considering standardized testing for colleges and universities.  The Faculty Assembly passed a resolution in opposition to such a move. 

              Academic Bill of Rights.  The Faculty Assembly has previously passed a resolution opposing State Senate Bill 1139, the Academic Bill of Rights, based on opposition to legislative oversight regarding the content of university courses.  The bill has not made much progress in the Legislature.  Senators Brock, Pittenger and Webster, co-sponsors of the bill, are embarking on a new strategy to enlist the support of SGAs in the state to further the bill’s chances in the Legislature.

              Collective Bargaining.  A resolution supporting the efforts of SEANC, the North Carolina chapter of AAUP, other state employee organizations to repeal General Statute 95-98, a law forbidding collective bargaining, passed its first test in the Faculty Assembly and is being sent to committee for formal discussion.

 

VII.    Unfinished Business

None.

 

VIII.   New Business

 

A.  Honoring Our Faculty Proposal

 

Chair Moore requested a motion to discuss the proposal of honoring faculty.  Senator Malloy moved and Senator Ramsey seconded.  There was a brief discussion regarding the cost of implementing and maintaining this project, whether the book will be available for circulation when it is on display, whether an honored faculty member will receive a financial reward, and whether this honor should be instituted when a faculty member is retiring.  Chair Moore remarked that the administration of the Carol G. Belk Library and Information Commons strongly supports this proposal.  Motion passed.  (See Vote #6).

 

Motion 05-06/03-04 regarding Honoring Our Faculty Proposal

 

Whereas, tenure and/or promotion in rank mark major achievements in the professional life of a faculty member, being the culmination of years of work and representing excellence in teaching, research, and service to the University and to the wider community;

 

And Whereas, the interdependence of faculty and the University Library are crucial to the academic life of the University and of the wider community, and that the strongest bonds of mutual respect for contributions that advance human knowledge should be encouraged always;

 

And Whereas, the Library Services Committee and the University Librarian have given formal support to this proposal;

 

Therefore, The Faculty Senate requests the Chancellor to have the University Library establish a program called “Honoring Our Faculty” to begin in the fall semester 2006 that is described herein below.

The “Honoring Our Faculty” program invites promoted and/or tenured faculty members to choose a book for the University Library collection and to have a bookplate placed in the book to commemorate their success. Honored faculty members would be encouraged to select a book representing something personally or professionally meaningful to them. The books selected would then be purchased for the library collection and provided with a bookplate with the faculty member’s name, department or school, year and promotion/tenure information. Honored faculty members would be invited to provide a brief statement describing why they chose that book.

Annually, there would be a display in the University Library of the books and their selector’s statements for a period of time. The names of honored faculty, the titles of their chosen books, and their personal statements will be collected, maintained together, and be made available to the public.

The program would be annually conducted in fall semesters, by honoring faculty promoted or tenured in the previous year. It would be administered by the University Library with assistance from Academic Affairs.

 

B.   Chair Moore asked for a motion to refer the concerns and issues related to changes in the academic calendar to the Faculty Welfare and Morale Committee.  Senator Malloy moved and Butts seconded.  There was much discussion on the impact that occurs when the calendar is changed.  Senator Rardin indicated that a report will be forthcoming from the Registration and Calendar Committee.  Motion passed.  (See Vote 7).

C.   Senator Malloy noted that Chapter 7 of the Faculty Handbook has not been updated recently.

Chair Moore asked for a motion to adjourn the meeting.  Motion passed.  (See Vote #8).  The meeting was adjourned at 4:20 pm.

 

  

   

    

   

Appalachian State University

FACULTY PRESENT AND VOTING SHEET for March 20, 2006

 

Y = Yes             N = No               A = Abstain

 

Senators     

1

2

3

4

5

6

7

8

Arnold, Edwin

E

X

C

U

S

E

D

 

Butts, Jeff

Y

Y

Y

Y

Y

Y

Y

Y

Cramer, Beth

Y

Y

Y

Y

Y

Y

A

Y

Ehnenn, Jill

E

X

C

U

S

E

D

 

Felkel, Brian

E

X

C

U

S

E

D

 

Harris, Tim

Y

Y

Y

Y

Y

Y

Y

Y

Horton, Julie

E

X

C

U

S

E

D

 

Huelsman, Tim

Y

Y

Y

Y

Y

Y

Y

Y

Jamison, Tom

Y

Y

Y

Y

Y

Y

Y

Y

Kaenzig, Rebecca

 

 

 

 

Y

Y

Y

Y

Lambert, Monica

 

 

 

 

 

Y

Y

Y

Malloy, Mark

Y

Y

Y

Y

Y

Y

Y

Y

Mamlin, Nancy

Y

Y

Y

Y

Y

Y

Y

Y

Marking, Martha

Y

Y

Y

Y

Y

Y

Y

Y

Marland, Eric

E

X

C

U

S

E

D

 

McBride, Jeff

Y

Y

Y

Y

Y

Y

Y

Y

McCaughey, Martha

E

X

C

U

S

E

D

 

McGuire, Sam

Y

Y

Y

Y

Y

Y

Y

Y

McKinney, Harold

Y

Y

Y

Y

Y

Y

Y

Y

Ramsey, Colin

Y

Y

Y

A

Y

Y

Y

Y

Rardin, Patrick

Y

Y

Y

Y

Y

A

Y

Y

Scherlen, Allan

Y

Y

Y

Y

Y

Y

Y

Y

Smith, Steve

Y

Y

Y

Y

Y

A

Y

Y

Staub, Susan

Y

Y

Y

Y

Y

Y

Y

Y

Strazicich, Mark

Y

Y

Y

Y

Y

A

Y

Y

 

Vote #1:            A motion to approve the February 13, 2006 Faculty Senate minutes

Vote #2:            A motion to nominate Mr. Sam McGuire (Music) to Faculty Senate

Vote #3:            Motion FS05-06/03-01 to approve the document “Policies and Procedures in Intellectual Property Transfer”

Vote #4:            Motion FS05-06/03-02 regarding proposed amendments to the Faculty Constitution be put to a vote at the 2006 Fall Faculty meeting.

Vote #5:            Motion 05-06/03-03 regarding proposed amendments to the Faculty Constitution be put to a vote at the 2006 Fall Faculty meeting.

Vote #6:            Motion 05-06/03-04 regarding Honoring Our Faculty proposal.

Vote #7:            A motion to refer the concerns and issues related to changes in the academic calendar to the Faculty Welfare and Morale Committee.

Vote #8:            To adjourn the meeting.

Appendix A

 

APPALACHIAN STATE UNIVERSITY

BOARD OF TRUSTEES

 

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POLICIES AND PROCEDURES ON INTELLECTUAL PROPERTY TRANSFER

 

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I.            DEFINITIONS

 

Copyright

              The exclusive right to make copies, license, and otherwise exploit a literary, musical, or artistic work, whether printed, audio, video, etc.  Such rights in a work created on or after January 1, 1978, generally endure for a term consisting of the life of the author and 70 years after the author's death.

             

Directed Works

              "Directed works" include works that are specifically funded by, or created at the direction of, or created pursuant to contract with, the University (including, but not limited to, works for hire by faculty or other EPA employees).

 

Traditional Works or Non-Directed Works

              A "traditional work or non-directed work" is a pedagogical, scholarly, literary, or aesthetic (artistic) work originated by a faculty or other EPA employee resulting from non-directed effort. (Such works may include textbooks, manuscripts, scholarly works, fixed lecture notes, distance learning materials not falling into one of the other categories of this policy, works of art or design, musical scores, poems, films, videos, audio recordings, or other works of the kind that have historically been deemed in academic communities to be the property of their creator.) 

Traditional Works or Non-Directed Works Involving Exceptional Use of Institutional Resources

              "Exceptional use of institutional resources" means institutional support of traditional works with resources of a degree or nature not routinely made available to faculty or other EPA employees in a given area.  In keeping with academic tradition, the University will not construe the provision of office, laboratory, studio or library facilities as constituting "exceptional use of institutional resources," as that phrase is used in UNC Policies.  Exceptional use of institutional resources does include, without limitation, those situations where funds are paid (as salaries, wages or otherwise), atypical reassigned time (more than 3 semester hours per semester) is granted to a faculty member or other resources are provided specifically to support the development of copyrightable materials.

 

Patent

              The exclusive right granted by a government to an inventor to manufacture, use, or sell and invention for a certain number of years.  To be patentable, the invention or discovery must have utility, novelty, and be non-obvious.  The US Patent & Trademark Office has determined that software which meets certain technical and legal criteria may be patentable.  In the event that software originally disclosed as a Copyrightable Work is subsequently determined to be patentable subject matter, and ASU chooses to seek patent protection for the software, such software shall be managed under this policy as patentable Intellectual Property.

 

Shop Right

              The right of an employer to use and employee’s invention or other work without compensating the employee for the use, in cases where the invention or other work was made at the place of and during the hours of employment.

 

Sponsored or Externally Contracted Works

              A "sponsored or externally contracted work" is any type of copyrighted work developed with funds supplied under a contract, grant, or other arrangement between the University and third parties, including sponsored research agreements.

Work Made for Hire

 

A "work made for hire" is--

II.  PHILOSOPHY

             

Appalachian State University (hereinafter also referred to as "the University") encourages participation by faculty, staff and students in scholarly research and creative activities that create knowledge, support and enhance teaching, and is consistent with its public service mission to contribute to the economic development of North Carolina. While research conducted by the University is aimed first at creation, discovery and dissemination of knowledge, rather than profit from commercial application, the University recognizes that public benefit may result from commercial applications of technology developed with University resources. The University seeks through adoption of these policies and procedures to balance the interests of the public, the University and respective inventor(s), author(s), or artist(s) in intellectual property arising from research and creative activities conducted by employees and students.

 

III. OBJECTIVES

             

Consistent with policies adopted by the Board of Governors of The University of North Carolina, these policies and procedures are intended to:

             

A.  provide appropriate incentive for creative intellectual effort by faculty, staff, students, and others associated with the constituent institutions of the University;

B.  establish principles for determining the interests of the constituent institutions, inventors, and sponsors in regards to inventions and/or discoveries;

C.  enable the constituent institutions to develop procedures by which the significance of inventions and/or discoveries may be determined and brought to the point of commercial utilization;

D.  provide the means for placing in the public realm the results of research, while safeguarding the interests of the University, inventor, and sponsor; and

E.  recognize the right of the inventor to financial benefits from the invention or discovery.

IV.  APPLICABILITY

A.  This statement of policy and procedures applies to all persons employed by the University, to all students and to any other person or entity using facilities, staff or funds subject to control or supervision by the University. This document, as amended from time to time, shall be deemed to constitute part of the conditions of -employment of every employee, including student employees, and of the conditions of admission, enrollment and attendance by every student of the University. Unless otherwise excepted by the provisions hereof, this policy shall apply to intellectual property of all types (including any invention, discovery, trade secret, technology, scientific or technological development, computer software, conception, design, creation or other form of expression of an idea) regardless of whether such property is subject to protection under patent, trademark, or copyright laws, or other constitutional, statutory or common law.

B.  The provisions of this document shall be interpreted and applied in conformity with policies adopted by the Board of Governors of The University of North Carolina, including, but not limited to, The University of North Carolina Policy Manual (hereinafter referred to as "UNC Policies"), Section 500.2, and applicable federal and state laws and regulations.

 

 V.  PATENTS

A.  University Interests in Inventions

B.  Procedures for Review of Invention Disclosures

  

 C.  Publication and Public Use

D.  Ownership

              Ownership of inventions and discoveries shall be determined in accordance with UNC Policies.

 

E.  Sponsored Research

F.  Income from Patents

             

                            Applicable laws, regulations or provision of grants or contracts may, however, require that a lesser share be paid to the inventor.  In the case of co-inventors, each percentage share described in this paragraph as due a sole inventor shall be subdivided equally among the co-inventors unless all the co-inventors provide the University a written instrument signed by each of them allocating ownership among them other than in equal shares.  In no event shall the share payable to the inventor or inventors in the aggregate by the University be less than 15% of the gross royalties received by the University.

 

VI.  COPYRIGHT

 

A.  Ownership

                           

Copyright is the ownership and control of the intellectual property in original works of authorship. Copyright ownership and the rights thereof are defined by federal law; however, UNC Policies effectively grant ownership to certain copyrightable works to individual authors even though federal law would vest ownership in the University.  Those determinations have been made by category of copyrightable work and category of author.  See:

                                          http://www.northcarolina.edu/content.php/legal/policymanual/uncpolicymanual-500-2.htm

B.  Traditional Works or Non-Directed Works

             Ownership: Creator of the work, unless it is a directed work, sponsored work requiring  University ownership, or a work for hire described in a written agreement between the work's creator and the University. (See “Definitions” at the beginning of this document for the definition of "work for hire;" under the Copyright Act the University is deemed the "Author" of a work for hire.) If the University is to be involved in commercializing a traditional work or non-directed work, the work's creator shall assign the work to the University under an Assignment Agreement. The Assignment Agreement shall contain provisions outlining the commercialization responsibilities of the University and a mechanism for the sharing of commercial proceeds with the Author. In cases of ownership by the creator of a traditional work, the University, where practical, shall be granted a non-exclusive, non-transferable, royalty-free license for its own educational or research use (hereinafter referred to as a "Shop Right").  Examples of Traditional or Non-Directed Works include literary works, musical compositions, journal articles and other scholarly works, and instructional materials, unless any such work is specially ordered or commissioned by the University. 

C.  Directed Works

 Ownership: University. The work's creator, where practical, shall be granted a Shop Right. The University may release or transfer its authorship rights to the work's creator under a written agreement negotiated between the creator and the University, usually with the University retaining (a) a Shop Right, and/or (b) the right to require reimbursement and/or income sharing from the work's creator to the University if the work produces income for the creator. The parties may also negotiate for joint ownership of such works, with the approval of the appropriate institutional official or body.

D.  Traditional Works or Non-Directed Works Involving Exceptional Use of Institutional Resources

Ownership: University. However, upon agreement by the appropriate institutional official or body, the University may release or transfer its rights to the work's creator, with the University retaining: (a) a Shop Right; (b) the right to require reimbursement from the creator equal to the value of institutional resources used if the work produces income for the creator; and/or (c) the right to receive royalties in the same proportions as are provided for patent income under these policies if the work produces income for the creator. The parties may also negotiate for joint ownership of such works, with the approval of the appropriate institutional official.

E.  Sponsored or Externally Contracted Works

Ownership. For a sponsored or externally contracted work created under an agreement that expressly requires copyright ownership by the University, the creator of the work must disclose the work to the University.  Provided there is no conflict with a sponsored agreement, the University may release or transfer its rights to the work's creator under an agreement negotiated between the creator and the University, usually with the University retaining (a) a Shop Right, and/or (b) the right to require reimbursement and/or income sharing from the work's creator to the University if the work produces income for the creator; or the parties may also negotiate for joint ownership of such works, with the approval of the appropriate institutional official.

For a sponsored or externally contracted work created under an agreement that does not expressly require copyright ownership by the University or a third party, the creator of the work shall own the work, subject to disclosure to the University where required under institutional policy. In case of ownership by the work's creator, the University, if practical, shall be assigned a Shop Right.

F.  Work Made for Hire

Ownership: University, unless it is a Traditional or Non-Directed Work as provided herein.

G.  Income from Copyright

 

                            Authors and creators of original works in which the University claims no interest may exercise exclusive rights protected by copyright law, register the copyright and receive any revenues which may result therefrom.

 

 H.  Revision of Materials

              Materials owned by the University under the terms of this policy shall not be altered or revised without providing the author a reasonable opportunity to assume the responsibility for the revision. If the author declines the opportunity to revise such material, the assignment of responsibility for the revision will be made by the Provost or such officer's designee in consultation with the appropriate department or office.

 

I.  Withdrawal of Materials

             

              Materials owned by the University under the terms of this policy shall be withdrawn from use when the University deems such use to be obsolete or inappropriate; provided, however, such withdrawal or other discontinuance would not violate the terms of any licensing or other agreement relating to the materials.

 

J.  Notice of Copyright

             

              All material owned by the University under the terms of this policy shall be protected by notice of copyright in the name of the University. The proper form of such notice is as follows:

             

                                          © 20--, Appalachian State University. All rights reserved.

             

              The date should be the year in which the work was completed or in which it was published, whichever is earlier. The name of the University must be spelled out in its entirety. The word "Copyright" may be substituted for the copyright symbol shown above.

VII.  TRADEMARKS, SERVICE MARKS AND TRADE NAMES

A.  Trademarks and service marks may be any work, name, symbol, or device, or any combination thereof, adopted and used by the University in the sale or advertising of goods or services to identify and distinguish such goods and services from those sold by others.

B.  Trade names include any names used to identify Appalachian State University and its services.

C.  The Chancellor or such officer's designee shall be responsible for protection and licensure of trademarks, service marks, and trade names used by or related to Appalachian State University.

D.  No licenses shall be granted to commercial entities for use of trademarks or service marks in connection with commercial services or stationery, alcoholic beverages, inherently dangerous products, products of obscene or disparaging characteristics, health related products, products classified as staple foods, meats, and natural agricultural products, and any other uses which in the opinion of the Chancellor or such officer's designee, would degrade the reputation or goodwill of the University.

VIII.  TRADE SECRETS

             

Trade secrets may be comprised, generally, of any formula, pattern, device or compilation of information which gives one an opportunity to obtain an advantage over competitors who do not know or use it in commercial applications. To the extent permitted by UNC Policies, trade secrets in which Appalachian State University maintains an interest shall be protected in accordance with the terms of sponsored research agreements or, if none exist, by any lawful means available to the University as determined by the Chancellor or such officer's designee.

 

XI.     DISCLOSURE OF INTELLECTUAL PROPERTY AND RELATED RECORDS

A.  All individuals who are subject to these policies and procedures have a duty to disclose promptly, in writing, and prior to any disclosure either to the public or for commercial purposes, any intellectual property created or discovered by such individual. Disclosure shall be made to the Provost or such officer's designee.

B.  The Chancellor or that officer's designee may adopt policies and determine procedures in addition to, but consistent with, those set forth in UNC Policies and in this document for appropriate institutional review of such disclosures. The duty to disclose arises as soon as the individual has reason to believe, on the basis of that person's own knowledge or upon information supplied by others, that the intellectual property may be protectable under patent, trademark, or copyright law, or other applicable law. Certainty about the protections to be afforded such intellectual property is not required before a disclosure should be made.

C.  All individuals who disclose intellectual property pursuant to these policies and procedures or UNC Policies have a duty to deliver to the Provost or such officer's designee all research data or other records and materials related to the intellectual property upon request of the Provost or such officer's designee.   As used herein, the term "research data or other records and materials related to the intellectual property" includes, but is not limited to, any recorded information, regardless of the form or media on which it may be recorded, writings, films, sound recordings, pictorial reproductions, drawings, designs, or other graphic representations, procedure manuals, forms, diagrams, work flow charts, any tangible product (e.g., equipment, furniture, sculpture or a model thereof) and its description, data files, data processing or computer programs (software), statistical records, laboratory notebooks or worksheets, field notes, edited and categorized observations, interpretations, analyses, derived reagents and vectors, tables, charts and other records, cells and cell lines, cell products, organisms, tissues, animals, synthetic compounds, samples, and any other information or materials that may aid in evaluation, use or commercialization of, or otherwise relate in any way to, such intellectual property.

X.      CONFLICTS OF INTEREST

A.  Ownership of any equity interest in a business entity that has an agreement with the University relating to research, development, licensing, or exploitation of intellectual property created or discovered by a student or employee shall be disclosed to the Provost or such officer's designee. The Provost shall take any necessary steps to avoid injury to the University as a result of potential conflicts of interest arising out of such equity ownership.

B.  No employee or student may serve as a director, officer, or employee of, or consultant to, a business entity that has an agreement with the University relating to research, development, licensing, or exploitation of intellectual property in which the University has an ownership interest except upon request of, or prior approval by, the Chancellor or such officer's designee. Authorization to serve as a director, officer, or employee of, or consultant to, such a business entity may be subject to one or more conditions established to avoid injury to the University as a result of potential conflicts of interest.

C.  The University may accept equity interests as partial or total compensation for rights conveyed in agreements with business entities relating to intellectual property owned by the University. The University may negotiate, but shall not be obligated to negotiate, an equity interest on behalf of any employee or student as a part of an agreement between the University and a business entity relating to intellectual property created, discovered, or developed by the employee or student and owned by the University.

D.  In addition to compliance with the University's other policies governing conflicts of interest and external professional activities, a person subject to these policies and procedures must consult with appropriate University administrators about any proposed consulting agreement with a third party when such consulting agreement contains provisions on patent rights, trade secrets or the like.  Such an agreement may not be entered by an employee or other person subject to these policies and procedures unless (1) it conforms to UNC Policies and these policies and procedures or (2) the University waives its rights in any intellectual property arising from activities to be conducted in performance of the agreement.

XI.     DISPOSITION OF UNIVERSITY INCOME

A.  In the disposition of any net income accruing to the University from patents or trade secrets, preferential consideration shall be given to the promotion of research in accordance with UNC Policies.

B.  In the disposition of any net income accruing to the University from licensure or assignment of copyright, preferential consideration shall be given to promotion of creative activities.

C.  In the disposition of any net income accruing to the University from licensure of trademarks or service marks incorporating the name of the University, images of campus structures or the University mascot, preferential consideration shall be given to creation or enhancement of scholarships for academic and athletics programs; provided, however, any trademark or service mark created to market or otherwise identify products related to inventions or discoveries arising from research or other academic activities shall be held and used strictly for academic purposes.

XII.    ADMINISTRATION OF INTELLECTUAL PROPERTY 

A.  Unless otherwise expressly provided herein, the Chancellor or that officer's designee shall have general authority and responsibility for administration of the policies and procedures set forth in this document. Duties encompassed by this responsibility shall include filing appropriate registration forms and supporting documents with the Copyright Office, Library of Congress, or the Patent and Trademark Office, negotiating and drafting licenses and other royalty agreements, drafting necessary agreements for specially commissioned works, determining the applicability of this policy and appropriate law to intellectual property, and adoption of policies and procedures consistent with the provisions of this document and UNC Policies, necessary for determination of ownership or protection of the University's interests in intellectual property. All referrals to the Chancellor or Provost, or such officer's designee, under these policies and procedures, shall follow established procedures and administrative channels of communication.

B.  Agreements which grant a third party the right to make, use, or sell a patented invention, invention know-how, or trade secret that has been disclosed and assigned to, or is otherwise owned by, the University, or which grant a third party the right to reproduce, sell or use a copyrighted work, trademark, service mark, or trade name in which the University owns an interest, shall require written approval by the Chancellor or that officer's designee.

C.  Individuals subject to these policies and procedures may not: (a) sign agreements with third parties which may abrogate the University's rights and interests, nor (b) without prior written authorization, use the name of the University or any of its units in connection with any intellectual property in which the University has an interest.

D.  As a condition of their respective employment or enrollment and attendance, employees and students shall execute any and all declarations, assignments of all rights in any intellectual property and related research data or other records and materials, or other documents deemed necessary by the University to protect its interests in such property.  Notwithstanding this or any other provision of these policies and procedures, an individual who delivers and/or assigns intellectual property or other ownership rights in research data or other records and materials related to the intellectual property disclosed hereunder shall be allowed to continue use of such data, records and materials, or reproductions or derivatives thereof, as part of instruction, research, or creative or scholarly activities, conducted by the individual in fulfillment of employment or student academic responsibilities to the extent that such use does not interfere with the University's ownership, use and commercialization of the intellectual property.  A determination of acceptable use shall be made upon request by the Provost or such officer's designee.

E.  The responsibility for protection, commercial marketing and licensure of intellectual property, and for maintenance of appropriate fiscal records, is assigned to the Chancellor or such officer's designee. The University recognizes that the evaluation of inventions and discoveries and the administration, development and processing of patents, licensable  inventions and other intellectual property involves substantial time and expense and requires talents and experience not ordinarily found in its staff; therefore, in most cases it expects to contract with outsiders for these services. The Chancellor or that officer's designee may enter into a contract or contracts with an outside organization covering specific inventions or discoveries believed to be patentable and patents developed therefrom, or covering all such inventions, discoveries, patents or other intellectual property in which the University has an interest.

F.  While the University asserts or retains an ownership interest in intellectual property, all expenses of copyright registration, patenting and other forms of protection sought by the University shall be borne initially by the University and be subject to reimbursement under section IV. F, above.

  

XIII.   PROHIBITION OF INFRINGEMENT OR UNAUTHORIZED USE OF INTELLECTUAL PROPERTY

Any infringement or unauthorized use of intellectual property by University employees or students is hereby prohibited. Any employee who engages in such conduct is subject to disciplinary sanctions established for misconduct in applicable personnel policies, including, but not limited to, discharge. Any student who engages in such conduct is subject to disciplinary sanctions established for misconduct in the Code of Student Conduct and/or Academic Integrity Code, including, but not limited to, expulsion.

XIV.   USE OF INTELLECTUAL PROPERTY BY THE UNIVERSITY

             

If ownership of any intellectual property subject to these policies and procedures is determined to vest in an individual inventor or author, the University nevertheless reserves the right to use for instructional and research purposes, without obligation to make payment therefor, any such intellectual property made by employees or students during their periods of employment or attendance, as well as any revisions or derivatives of such intellectual property.

XV.   DISPUTE RESOLUTION

             

All disputes concerning interpretation or application of these policies shall be addressed to the Technology Transfer Committee through the Provost.  The Committee shall gather information in a manner and to the extent it deems appropriate, and make a recommendation for resolution of any such dispute to the Provost.  Any person aggrieved by the Provost's decision may appeal to the Chancellor.  The Chancellor may direct the Committee to conduct a hearing and further advise the Chancellor on a recommended resolution of any dispute.  Except as otherwise provided by UNC Policies, the Chancellor's decision shall be final.

               

              Approved by the Board of Trustees of Appalachian State University ---------------- , 2006.

             

              References:

             

The University of North Carolina Policy Manual

(http://www.northcarolina.edu/content.php/legal/policymanual/contents.htm)

35 U.S.C. 1, et seq.

17 U.S.C. 101, et seq.

N.C. Gen. Stat. 66-152, et seq.

N.C. Gen. Stat. 132-1.2

 

Draft IP Policy (Clean) 02/17/06

 

 

 

 

 

 

 

 

 

Appendix B

Faculty Senate Elections Spring 2006

 

 

A & S

F & AA

Education

Business

Music

Library

Grand

Totals

Faculty Assembly

Two Seats

Dept.

 

 

 

 

 

 

 

 

Edwin Arnold

Eng

74

13

16

12

 6

11

132

 

Norman Clark

Com

24

25

24

  9

 4

  6

  92

 

Martha Marking

T & D

54

27

18

12

 8

14

133

Write In

Kim Hall

P & R

  1

 

 

 

 

 

    1

Write In

Mark Malloy

Tech

 

  1

 

 

 

 

    1

Write In

Banks Talley

Tech

 

  1

 

 

 

 

    1

Write In

Richard Riedl

LES

 

 

  1

 

 

 

    1

Write In

Todd Cherry

Econ

 

 

 

  1

 

 

    1

 

 

 

 

 

 

 

 

 

 

Faculty Due Process

Two Seats

 

 

 

 

 

 

 

 

 

William Atkinson

Eng

63

25

26

12

 8

11

145

 

Kenneth Muir

Soc

63

30

27

13

 7

11

151

Write In

Beth Davison

Soc

  1

 

 

 

 

 

    1

Write In

Banks Talley

Tech

 

  1

 

 

 

 

    1

Write In

Stephen Bronack

LES

 

 

  1

 

 

 

    1

Write In

Pete Groothuis

Econ

 

 

 

1

 

 

    1

Write In

Tim Perri

Econ

 

 

 

1

 

 

    1

Write In

Liz Rose

Music

 

 

 

 

 1

 

    1

Write In

Elizabeth Williams

Library

 

 

 

 

 

  1

    1

 

 

 

 

 

 

 

 

 

 

Faculty Grievance

Three Seats

 

 

 

 

 

 

 

 

 

Hugh Hindman

Mgmt

74

32

35

24

 9

14

188

 

Margot Olson

Tech

15

21

20

  4

 5

  3

  68

 

Kevin Howell

Tech

31

21

  3

12

 3

  7

  77

 

William Irwin

LRE

24

13

38

  1

 6

  7

  89

Write In

Beth Davison

Soc

  1

 

 

 

 

 

    1

Write In

David Dickinson

Econ

 

 

 

  1

 

 

    1

Write In

Tanga McDaniel

Econ

 

 

 

  1

 

 

    1

Write In

Kelly Rhodes

Library

 

 

 

 

 

 1

    1

 

 

 

 

 

Faculty Senate

Three At-Large Seats

Dept.

A & S

F & AA

Education

Business

Music

Library

Grand Totals

 

Ellen Carpenter

FCS

39

23

24

  6

 7

12

111

 

Michael Evans

Mgmt

44

17

12

25

 4

  7

109

 

Jeffrey Tiller

Tech

42

30

19

11

 6

  8

116

 

Elizabeth Williams

Library

51

23

27

 7

 6

18

132

Write In

Banks Talley

Tech

 

  3

 

 

 

 

    3

Write In

Tim Perri

Econ

 

 

 

 1

 

 

    1

Write In

John Dawson

Econ

 

 

 

 1

 

 

    1

Write In

Carol Pollard

CIS

 

 

 

 1

 

 

    1

Write In

Matthew Robinson

PS/CJ

 

 

 

 

 

 1

    1

 

 

 

 

 

 

 

 

 

 

Faculty Senate

 

 

Three Seats

 

One Seat

 

One Seat

 

 

 

 

 

Beth Davison     Sociology     65

NA

Julian Horton        

C & I              32

NA

Sam McGuire

Music             16

NA

 

 

 

 

Grant Holder       Chem.          37

 

 

 

 

 

 

 

 

 

Diane Mines        Anthro         74

 

 

 

 

 

 

 

 

 

Michael Ramey

Chem.          46

 

 

 

 

 

 

Write In

 

 

Kim Hall 

P & R            1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Graduate Council

 

 

Two Seats

Two Seats

Two Seats

One Seat

 

 

 

 

 

 

William Brewer   English        44

Sammie Garner      FCS               30

Keith Davis         HDPC             37

Al Harris           CIS                     8

NA

NA

 

 

 

 

Jose Sanqui      Math            31

Marie Hoepfl   Tech              38

Tracy Goodson-Espy  

C & I                9

James Westerman MGT                14

 

 

 

 

 

 

Grant Holder       Chem           20

 

Julian Horton        C & I                8

 

 

 

 

 

 

 

Ray Williams   Biology        62

 

Nancy Mamlin  

LRE                21

 

 

 

 

 

 

 

 

 

Margaret Werts           LRE                  9

 

 

 

 

Write In

 

 

 

 

 

Larry Ellis          Econ                   1

 

 

 

 

 

 

 

A & S

F & AA

Education

Business

Music

Library

Grand Totals

Research Council

 

Dept.

Two Seats

 

Two Seats

One Seat

 One Seat

One Seat

 

 

 

 

Tonya Coffey       Physics          35

NA

William Irwin   LRE                13

James Westerman

Mgt                  11

Cathy McKinney Music               15

Harry Keiner       Library               17

 

 

 

 

James Ivory      English          39

 

Alecia Jackson      C & I              24

John Whitehead  Econ                 15

 

 

 

 

 

 

Maggie McFadden

IDS               41

 

Woodrow Trathen

LRE                17

 

 

 

 

 

 

 

Jammie Price          Sociology      15

 

Margaret Werts         LRE                13

 

 

 

 

 

 

 

Susan Staub         English          42

 

 

 

 

 

 

Write In

 

 

Doug Waring

Psychology      1   

 

 

 

Doug Miller

Music                1

 

 

Write In

 

 

Rahman Tashakkori

CS                   1

 

 

 

 

 

 

Write In

 

 

 

 

 

 

 

Miles Efron

Library                1

 

Write In

 

 

 

 

 

 

 

Fred Hay

Library                1

 

Teaching Enhancemt

 

 

Two Seats

One Seat

One Seat

 

One Seat

One Seat

 

 

 

 

Rodney Duke         P & R            40

James Toub         Art                 33

Robin Groce 

C & I              23

NA

Priscilla Porterfield

Music                 6

Paul Orkiszewski Library              18

 

 

 

 

James Ivory         English          63

 

Ellen Pesko   

LRE                21

 

Jennifer Snodgrass

Music               11

 

 

 

 

 

Jose Sanqui      Math              52

 

 

 

 

 

 

Write In

 

 

 

Eric Reichard

Tech                1

 

 

 

 

 

Write In

 

 

 

Banks Talley

Tech                1

 

 

 

 

 

Write In

 

 

 

 

 

 

 

Gary Boye   

Library                1