Chapter 3359-2 University Administrative Offices

3359-2-01 The office of academic affairs.

(A) President of the university.

As specified in rule 3359-01-05 of the Administrative Code, the president is executive head of all university colleges, libraries, branches, schools, and departments, possessing duties, responsibilities, and powers as delineated in the bylaws.

(B) Senior vice president and provost and chief operating officer.

(1) The senior vice president and provost and chief operating officer shall be appointed by the board upon recommendation of the president and shall hold office at the discretion of the president.

(2) The senior vice president and provost and chief operating officer shall be responsible to the president for the supervision of the academic functions of the university in accordance with the policies and rules established by the board and the president.

(3) The senior vice president and provost and chief operating officer shall be responsible to the president for the supervision of the operational functions of the university in accordance with the policies and rules established by the board and the president.

(4) The senior vice president and provost and chief operating officer shall be an ex-officio member of each faculty and department or school.

(5) The senior vice president and provost and chief operating officer shall be responsible for and have the authority to:

(a) Coordinate the academic offerings of the various colleges, departments, and schools;

(b) Assist in the selection and appointment of faculty and staff;

(c) Recommend promotion, tenure, salary and dismissal of faculty members; assist in the preparation of the annual budget;

(d) Submit an annual report concerning the activities, problems, and needs of the operations under the senior vice president and provost's jurisdiction;

(e) Establish implementation procedures and oversee the collection and reporting of student and academic program- related data

(i) Required for complying with reporting to state and federal agencies and/or regional and specialized accrediting bodies, and/or

(ii) Necessary for internal academic assessment and planning purposes and/or for external public accountability initiatives, including but not limited to graduation, alumni, and employer satisfaction surveys;

(f) Oversee the university research centers and institutes;

(g) Supervise academic planning;

(h) Supervise the university libraries, including instructional media services;

(i) Supervise the office of university communications and marketing;

(j) Supervise the office of international programs;

(k) Recommend to the president the appointment of such employees necessary to assist in performing the academic function of the university;

(l) Perform other such duties as may be assigned by the president.

(6) The senior vice president and provost and chief operating officer shall be responsible for and have the authority to:

(a) Plan and direct all aspects of the university's operational policies, objectives, and initiatives.

(b) Manage the day-to-day operations activities of the university.

(c) Ensure the successful implementation of functional management to attain short and long-term financial and operational goals through:

(i) Serving as a single organizational focus for key management functions and selected transformation initiatives.

(ii) The design, operation, and improvement of the university systems that deliver services to external and internal constituents.

(iii) Institutionalizing accountability for optimizing management performance.

(iv) Integration of academic, auxiliary, and administrative operations across the university.

(d) Integrate various key management and transformation initiatives.

(e) Align daily operations with the university goals and mission.

(f) Support collaboration across units and constituencies through shared leadership.

(g) Ensure continuity of goals during leadership transition.

(7) The chief operating officer shall perform such other duties as may be assigned by the president.

(8) Additional operations officers. The president may recommend the appointment of additional operational officers to support the work of the senior vice president and provost and chief operating officer. These additional officers may include, but shall not be limited to: an associate vice president for inclusion and equity and chief diversity officer; other assistant or associate vice presidents; assistant, associate, or vice provosts; directors; or a dean of undergraduate studies.

Replaces: 3359-2-01

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 11/04/77, 12/31/86, 12/22/89, 07/20/90, 05/22/91, 09/21/95, 12/23/95, 04/28/97, 11/24/01, 04/11/03, 05/23/03, 09/05/2003, 06/25/07, 02/11/08, 05/05/08, 10/22/10, 10/01/12, 05/23/13, 11/01/13

3359-2-01.1 Deans of the degree-granting and professional colleges and schools.

(A) Deans of the degree-granting and professional colleges and schools.

(1) Each dean of a degree-granting college or school shall be appointed by the board upon recommendation of the president, shall be responsible to the president through the senior vice president and provost and shall hold office at the discretion of the president.

(2) The dean shall be the administrative head of the respective college or school and shall be charged with the general supervision of all its interests, in accordance with the directions, policies and rules established by the board, the president, and the senior vice president and provost and in accordance with the applicable provisions of collective bargaining agreements and the approved actions of the faculty senate and the college or school faculty.

(3) Responsibilities of the dean shall include, but not be limited to:

(a) Attending to organizational matters by presiding over meetings of the college or school faculty; recommending members to standing and special committees; recommending nominees for division heads, department chairs, and staff to the senior vice president and provost; presenting policies for consideration by the faculty; and administering University policies, rules and regulations.

(b) Providing program leadership in developing college or school goals, priorities, initiatives, and strategies that align with the goals, priorities, initiatives, and strategies of the university. Facilitating the development of and monitoring the status of goals, priorities, accomplishments, and needs of each department within the college or school.

(c) Developing resources for the college or school by assisting in securing gifts and grants, and by developing an annual budget request. Responsibly managing the operating, capital, and personnel budget of the college or school.

(d) Impacting the college's or school's major programs by enabling quality teaching, research, and service with an appropriate balance.

(e) Enhancing student success and the well-being of students by supervising enrollment management and students' progress and education.

(f) Initiating and facilitating the engagement of the college or school units with other campus units and with the community.

(g) Performing such other duties as designated by the president or the senior vice president and provost and as outlined in other university rules.

(B) Dean, graduate school.

(1) The dean of the graduate school shall be appointed by the board upon recommendation of the president and may also hold the title of vice president for research. The vice president for research and dean of the graduate school shall hold office at the discretion of the president and shall be responsible to the president, who shall consult with the senior vice president and provost on matters relating to the dean. The authority and duties of the vice president for research and dean of the graduate school are included in but not limited by rule 3359-02-10 of the Administrative Code.

(C) Dean, university libraries.

(1) The dean, university libraries shall be appointed by the board upon recommendation of the president, shall be responsible to the president through the senior vice president and provost, and shall hold office at the discretion of the president.

(2) The dean, university libraries shall be the administrative head of the university libraries and shall be charged with the general supervision of all its interests in accordance with university policies and regulations.

(3) Responsibilities of the dean shall include:

(a) Attending to organizational matters presiding over meetings of the libraries faculty and/or staff; facilitating the consideration of policies and practices; and administering university policies, rules and regulations.

(b) Providing leadership in developing the libraries' goals, priorities, initiatives, and strategies that align with the goals, priorities, initiatives, and strategies of the university and monitoring the status of goals, priorities, needs, and accomplishments.

(c) Facilitating the integration of traditional and digital content, the continuous improvement of library services, and the development of technology-enabled services for the benefit of the university community.

(d) Facilitating and fostering cooperative and consortial relationships (for example, OhioLINK) for the benefit of the university community.

(e) Developing resources for the libraries by preparing and recommending priorities-driven budget requirements and by assisting in securing gifts and grants.

(f) Initiating and facilitating the engagement of the libraries with other campus units and with the community.

(4) The dean, university libraries shall assist the senior vice president and provost by performing other duties as may be assigned.

(D) Dean, honors college.

(1) The dean of the honors college shall be appointed by the board upon recommendation of the president and shall be responsible to the president through the senior vice president and provost. The dean shall hold office at the discretion of the president.

(2) The dean shall be the administrative head of the honors college, paying close attention to the advice of the honors council and shall be charged with the general supervision of all its interests, in accordance with the policies and rules established by the board, the president, and the faculty senate.

(3) In addition to performing the duties of the dean of a college (paragraph(4) of this rule) which are applicable to the college, the dean shall work closely with all administrators at the university who award scholarships to new students or who make enrollment strategies based on scholarship decisions. In addition, because of the close connections of the dean to honors students, in residential housing, the dean will work closely with officials in the department of residence life and housing in regards to honors student housing.

(4) The dean of the honors college shall assist the senior vice president and provost by performing those duties as may be assigned.

Replaces: 3359-2-01.1

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 11/04/77, 12/31/86, 12/22/89, 07/20/90, 05/22/91, 09/21/95, 12/23/95, 04/28/97, 11/24/01, 04/11/03, 05/23/03, 09/05/2003, 06/25/07, 02/11/08, 05/05/08, 10/22/10, 02/14/13

3359-2-02 Organization of instruction.

(A) University organization.

(1) The university of Akron is a state university operating under the laws of the state of Ohio. It comprises the following colleges and schools of instruction:

(a) College of applied science and technology.

(b) Buchtel college of arts and sciences.

(c) College of engineering.

(d) "The LeBron James Family Foundation College of Education"

(e) College of business administration.

(f) School of law.

(g) College of polymer science and polymer engineering.

(h) Graduate school.

(i) Wayne college.

(j) Honors college.

(k) College of health professions.

(2) Additional colleges, schools, or departments may be established, altered, or abolished by the board upon recommendation of the president.

(3) From time to time, temporary units of administration or programs may be established, altered, or abolished by the board upon recommendation of the president. The operations of such units and employment of personnel within such units shall be temporary, with primary funding therefore provided from external sources, including without limitation the salaries and benefits of employees in such units, costs of equipment, services and supplies, and other ancillary costs of operation. In addition to funding from external sources, the university may provide such units with "in-kind" support in the form of space or other university resources as recommended by the president and approved by the board.

Such units and employees shall be subject to all applicable state and federal laws and all university rules as set forth in 3359 of the Administrative Code in the same manner as regular university units and employees, including but not limited to applicable provisions of Ohio's ethics laws affecting public employees.

Subject to the prior approval of the president, such units shall be authorized to engage volunteers or others in activities on behalf of the unit and the university of Akron. In addition to the volunteer protection laws of Ohio (sections 2305.38, 2305.381, 5502.30, 2305.234, 2305.23 , and 2305.231 of the Revised Code) the university may also provide insurance coverage against loss or liability that arises or is claimed to have arisen from acts or omissions while acting with the scope of their employment or official responsibilities or while engaged in activities at the request or direction, or for the benefit of the university of Akron or said unit.

(B) University faculty, contract professionals.

(1) The university faculty shall consist of the president of the university, who shall be its presiding officer, the vice presidents, the deans, all persons giving instruction for college credit in the university, librarians, and such members of the administrative staff and contract professionals as may be appointed thereto by the board upon recommendation of the president. Voting power within the academic units shall be defined by the rules and bylaws of those units except when defined by university-wide rules and bylaws.

(2) Contract professionals, designated as either instructional professional staff, or administrative professional staff, are full-time professional personnel of the university to whom the board, on recommendation of the administration, grants recognition and benefits.

(C) College faculties.

(1) Each degree-granting college shall be governed, subject to the rules of the board and the faculty senate, by a faculty consisting of the president of the university, the senior vice president and provost and chief operating officer, its dean, and its full-time distinguished professors, professors, associate professors, assistant professors, instructors, and college lecturers.

(2) The functions of the faculty of a college shall be to prepare and recommend to the faculty senate curricula and courses for the college, changes in departmental or school organization, requirements for admission to and graduation from the college, and candidates for degrees and certificates. The faculty shall encourage the improvement of teaching and scholarship. The faculty shall meet at stated times or upon the call of the president or dean.

(3) Colleges may from time to time retain auxiliary faculty as part-time faculty members with the rank of assistant lecturer, associate lecturer, senior lecturer, or special lecturer. Further, they may also retain auxiliary faculty with the titles of adjunct faculty or visiting faculty.

(D) Graduate faculty.

(1) The graduate faculty shall consist of the president of the university, the senior vice president and provost and chief operating officer, the vice president for research and dean of the graduate school, and the assistant/associate dean of the graduate school, deans of colleges offering graduate programs, the chairs of departments or schools offering graduate programs, distinguished professors, and other faculty members holding graduate faculty status as determined according to the bylaws of the graduate faculty.

(2) The graduate faculty shall meet at regular or special meetings on call of the president or vice president for research and dean of the graduate school or on petition of at least ten members.

(3) The graduate faculty shall encourage and contribute to the advancement of knowledge through instruction and research of highest quality, and foster a spirit of inquiry and a high value on scholarship throughout the university. Among its duties are to: develop curricula leading to appropriate graduate degrees; participate in research, publication, and professional societies; recruit, encourage, and supervise superior students in their graduate education; conduct graduate classes and seminars that stimulate creativity, independent thought, and scholarly attitudes and performance; serve on supporting committees, as needed; supervise student research, and direct theses and dissertations; help develop a graduate library appropriate to a sound graduate program; elect the members of the graduate council (the executive committee of the graduate faculty), and if elected to the council serve in the best interests of the graduate faculty and the graduate school; advise in the selection of the dean of the graduate school.

(E) Departmental\school staff.

The departmental\school staff is composed of all faculty members teaching subjects of instruction allocated to the department\school. The chair/director of the department\school who is appointed by the board upon recommendation of the dean of the college, senior vice president and provost and chief operating officer, and president, and holds office at the discretion of the president, shall be the administrative head of the department\school. The functions of the departmental\school staff shall be to prepare and recommend to the college or department\school curricula for the department\school, any changes in the curricula or courses, requirements for admission, and standards of academic achievement for graduation from the college or department\school; to prepare an annual strategic planning update; and to encourage the improvement of teaching and scholarship within the department\school in accordance with the rules of the board of trustees.

Effective: 11/16/2015
Promulgated Under: 111.15
Statutory Authority: 3345.31
Rule Amplifies: 3359.01
Prior Effective Dates: 11/04/77, 11/27/79, 01/30/87, 12/22/89, 07/20/90, 11/16/90, 05/22/91, 09/21/95, 04/28/97, 11/24/01, 09/20/02, 06/25/07, 01/19/09, 07/05/10, 05/22/11, 11/12/11, 02/14/13, 06/27/14, 02/01/15

3359-2-03 University libraries administration.

Librarian of the school of law.

The librarian of the school of law shall be appointed by the board upon recommendation of the president; shall be responsible to the president through the dean of the school of law and the senior vice president and provost; shall hold office at the discretion of the president; shall administer the school of law library in accordance with good practice; and shall utilize the access services division of the university libraries to assist in the operation of the school of law library.

Replaces: 3359-2-03

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3345.31
Prior Effective Dates: 11/04/77, 12/31/86, 11/22/89, 07/20/90, 05/22/91, 09/21/95, 04/28/97, 08/06/01, 11/24/01, 4/11/03, 07/05/10

3359-2-04 University research council.

The university research council shall be responsible for the supervision and coordination of sponsored and contractual research activities carried out at the university of Akron through such departments, colleges, research institutes and centers as established to conduct research. The council shall be chaired by the vice president for research and dean of the graduate school. Its members shall be recommended to the vice president for research and dean of the graduate school, in consultation with the senior vice president and provost. The membership shall include the director of the office of research administration, general counsel, dean of the Buchtel college of arts and sciences, dean of engineering, dean of polymer science and polymer engineering, director of the institute of polymer engineering, and two faculty members recommended by the executive committee of the faculty senate.

Replaces: 3359-2-04

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 11/04/77, 08/30/79, 12/21/86, 12/22/89, 07/20/90, 09/21/95, 04/28/97, 11/24/01, 06/28/12

3359-2-05 University research, copyright, and patent policy.

University research policy. It is the policy of the university of Akron, ("university"), with reference to all creative endeavors of its faculty, staff members and students conducted on university time or with its facilities, to recognize the interests of the university, the faculty member, the staff member, student, sponsor, and other cooperating or participating agencies. However, the university reserves the right to administer such interests consistent with the public interest as determined by its board of trustees ("board") from time to time.

(A) Copyrights. In accordance with the custom established in institutions of higher learning, copyright ownership of textbooks and manuscripts and royalties resulting therefrom belong to the author(s) thereof except when the textbook or manuscript is prepared as an assigned project; in which case it is the property of the university and shall be assigned to the university by its author(s). Assigned projects supervised and supported by the university or outside sponsors working through the university under agreement or contract which results in copyrights, shall be matters of written agreement between the university, the faculty, and staff members and sponsors involved. In such cases the board reserves the right to recognize and administer the equities of the participating parties.

(B) Publications. The university encourages the publication of scholarly works including the results obtained through research and scientific investigation approved, sponsored or conducted as a university project, as well as graduate and undergraduate theses. The university requires that such publications be withheld for limited periods to permit the preparation and filing of patent applications or such other activities as may be necessary to protect intellectual property contained in such results, and to otherwise meet applicable government and sponsor contractual obligations.

(C) Policy regarding unofficial employment.

(1) Since the continued value of a member of the faculty is to a large extent dependent upon the member's growth as a creative educator in the academic field, it is desirable that the faculty member be encouraged to carry on constructive professional work, to support professional organizations both national and local, and to contribute to public service. Such efforts, if rightly undertaken, will not only increase the value of the individual as an educator but also afford the university legitimate and desirable recognition. However, in publicizing unofficial work, faculty should make a conscious effort to avoid the exploitation of trivial results or the dissemination of misleading or exaggerated statements.

(2) Since the primary obligation of a full-time faculty member is to the university, the faculty member should hold paramount in arranging outside appointments the duty of maintaining the quality of work, avoiding the danger of overtaxing energies with an undue burden of outside activity, and adhering to instructional schedules and other definite college engagements.

(D) General conditions and restrictions. The following general conditions and restrictions will be observed for the best interests of all parties concerned:

(1) Research will be the type of work that will enhance the reputation of the university as a seat of higher learning.

(2) Research will be restricted to the type of work for which the university can provide adequate staff and facilities.

(3) No extra compensation will be paid any faculty member for participating in sponsored and contract research during the academic year; however, participation in research during the summer months will be paid for at the same salary rate received by a faculty member during the academic year.

(4) The university will not pay salary or wages for work done by a candidate for academic credit leading to a degree; however, students pursuing degree programs may receive university awards, scholarships or fellowships.

(E) Contract research.

(1) The office of research administration shall coordinate all contract research.

(2) Faculty members who wish to pursue specific projects shall consult the office of research administration and the approach to the sponsor shall be made by the director or by the director's authorized designee.

(3) All contracts shall be approved by the president of the university or the vice president for research before any work thereunder is begun or any commitments are made.

(4) The president may appoint advisory committees in any research areas as the president deems appropriate.

(5) A faculty member shall have the right to accept or decline participation in any contract research made available.

(6) A plan for graduate assistantships should be put into effect to facilitate contract research whenever such research becomes available.

(F) Patent rights and licensing procedure.

(1) The board seeks to stimulate innovative research and to encourage the development and utilization of the discoveries and inventions of research at the university in a manner consistent with the public interest. The board believes it should make the results of its research available to industry and the public on a reasonable and effective basis.

(2) In compliance with section 3345.14 of the-Qhio Revised Code, the board retains sole authority for setting policy in the matter of rights to intellectual property including discoveries, inventions, patents and copyrights which result from research or investigation conducted in any laboratory or research facility of the university.

(3) It is the policy of this board that intellectual property rights belong to the university unless otherwise expressly approved by the board of trustees and stipulated in a written agreement to which the vice president for research, or president is a signatory. In the instance of research developed with the support of funding from governmental agencies, the regulations of such funding agencies may take precedence to this policy.

(4) The university will prosecute applications only for those patents that appear to be of potential economic benefit to the university. Should the university decline to seek appropriate protection, the university will surrender its claim to ownership, in the absence of contractual commitments to the contrary, and will allow the inventor(s) to undertake prosecution for patent protection at their own expense. In the absence of any positive action toward obtaining a patent, this board recognizes a value in such discoveries becoming public domain.

(5) The university is concerned with safeguarding the public interest as well as rewarding the initiative of researchers. In the spirit of public service, the university shall seek aggressively to bring those designs, processes, and products for which it holds patents or rights of ownership into highest public use. Such negotiations, on a "best efforts" basis, may involve granting of exclusive licenses.

(6) In the course of licensing agreements or sale of rights to manufacturers, fees and royalties may accrue. From the gross funds received with regard to any intellectual property held solely by the university, the university will be reimbursed its out-of-pocket costs incurred as of the date of receipt of such funds in obtaining, maintaining, enforcing and licensing the intellectual property. Thereafter, forty percent of the net remaining funds will be distributed to the inventor(s) in recognition of and reward for initiative. An additional ten percent of net funds will be placed in an account to support the inventor's ongoing university research, five percent of net funds will be placed in an account to be used for college purposes by the dean(s) of the college(s) in which the inventors have primary appointment, five percent of net funds will be placed in an account to be used for departmental purposes by the chair(s) of the department(s) in which the inventors have primary appointment and the balance of net funds will accrue to the university.

(7) Stipulations of P.L. 96-517 may take precedence over any other terms of agreement negotiated by the university in matters of patenting and technology transfer.

(8) Intellectual property resulting from federally sponsored research is disposed of in accordance with the terms of the applicable agency.

(9) Intellectual property resulting from research sponsored by industry or other non-governmental sources of support, other than the university itself, is disposed of in accordance with contract terms negotiated between the university and the sponsor, and approved by both parties. In such negotiations the university may agree to a non-exclusive royalty bearing license; a license of limited exclusivity which is royalty bearing; an exclusive, royalty bearing license for the life of the patent, a one-time payment for the entire technology; or any other mutually acceptable consideration. Acceptable contract terms will depend upon such factors as the initial amount of research support, financial expenditures for further development, costs of patent acquisition, duration of exclusivity, period likely needed for market development, or other pertinent factors.

(10) The amount of royalty shall be based upon arms length negotiation within percentage ranges common to the particular technology and the applicable industry. The potential market, potential profit, and the amount of investment needed for development, as well as other factors should be considered in establishing a royalty. The royalty should be based upon an easily audited item, such as "net sales."

(11) The university has an equity interest in any invention or discovery of its employees, faculty, staff, or students resulting from research that involves a significant use of funds, space, or facilities administered by the university. The university seeks to stimulate innovative research and to encourage the development and utilization of the discoveries and inventions of its research in a manner consistent with the public interest. The university believes it should make inventions resulting from its research available to industry or the public on a reasonable and effective basis. In this regard, the university actively seeks licensing of its patented technology on the best available terms, subject to the following conditions:

(a) The university should not be expected to expend additional funds to improve the viability of the patent.

(b) The stipulations of P.L. 96-517 relative to terms of exclusivity, etc., become effective if any federal funds have supported research leading to the invention.

(c) The potential licensee should provide sufficient credentials of financial and marketing capability for university review.

(d) Any agreement should include, as applicable, a royalty fee schedule, term and termination, considerations of "due diligence" provisions which establish levels of expectation and performance of the licensee, and provision for possible license renewal.

(12) The university should retain for itself and, whenever possible, for other public or private institutions, the free right to use non-confidential technology for research and education.

(13) All matters relating to patents or technology transfer in which the university is in any way concerned are administered by the office of the vice president for research. Except with respect to agreements involving the waiver or transfer of ownership of intellectual property as provided by paragraph(f)(3) of this rule, the president or the vice president for research shall have authority to execute any agreements, grants, or contracts involving patent rights or technology transfer to the public or industry to the extent that such agreements conform to these regulations. Prior approval of the board of trustees shall not be required with respect to the transfer of intellectual property resulting from research sponsored by governmental agencies that is disposed of in accord with the terms of the applicable agency. At each regular meeting of the board of trustees, the vice president for research and dean of the graduate school shall provide an executive summary to the board of those agreements negotiated and executed involving licensing of patent rights or transfer of technology as provided by paragraph (F)(a) of rule 3359-02-05 of the Administrative Code.

(14) Any variance to this policy must receive prior approval of the board before any commitments, grants, or contracts are made.

(G) Use of the name of the university.

(1) In soliciting consulting work outside the university, the faculty member may only mention that the faculty member is a member of the university faculty. The university's name shall not be used in advertising.

(2) The name of the university may be used in research reports, books and papers for publication and otherwise as may be set forth in the applicable research contract or as approved by the board, the president or the vice president for research.

(H) Waiver of rights in intellectual property.

Upon written recommendation of the applicable chair/institute director and dean, and written approval of the vice president for research and the president, the associate vice president for research and director of the office of research administration are authorized to execute materials and information testing agreements, that waive university rights in intellectual property and related patents and copyrights under the following guidelines:

(1) It is reasonably demonstrated that:

(a) Well established and accepted technical procedures, e.g. "ASTM" methodology, are expected to be used in conducting client's project, or all work is expected to be directed by client company personnel with the only intellectual input expected of center personnel or university students to be at a level that would not support a patent; and

(b) There has not been, nor is there expected to be any development of new materials, processing methods, or reduction to practice of ideas and methodology resulting from significant intellectual input by university personnel in connection with the project.

(2) The principal faculty member has the respective dean verify and certify in writing that there has not been and is to be no input from anyone (e.g., university faculty) other than center personnel or university students, as the case may be, and the client. If there is, in fact, such input, then any such waiver shall be ineffective as to intellectual property rights attributable to said input, and all intellectual property rights will be retained by the university.

(3) Execution of such agreements shall be on forms drafted or approved by the office of general counsel for that purpose, which forms cannot be modified whatsoever without the prior written approval of the vice president for research and the office of general counsel.

(I) Guidelines for use of university research and services for economic development.

(1) University research and services may expend funds and utilize lands, facilities, equipment, and the services of employees and students to benefit the people of the state of Ohio by creating or preserving jobs and employment opportunities or improving the economic development and welfare of the people of the state when all of the following factors are present:

(a) There is reasonable assurance that the proposed use and/or activity would not interfere with or compromise the university's academic and research mission.

(b) There is reasonable assurance that the proposed use and/or activity would not unfairly interfere with, displace or compete with any existing private or public entity's performance of the same or similar activity.

(c) There is reasonable assurance that the proposed activity would result in revenues to the university which shall at least be sufficient to recoup any direct expenses to the university. Depending upon the extent of use and/or activity, as determined by the controller of the university, the revenues established for any use and/or activity may include a factor to recover all or a portion of the university's actual or potential indirect costs, including but not limited to any unrelated business income tax liability.

(d) There is reasonable assurance that the activity to be undertaken will allow public or private entities or enterprises the opportunity to compete more effectively in the marketplace and/or fulfill needs that are being inadequately met by the private market.

(e) There is a reasonable assurance that the proposed use and/or activity is incidental to a viable academic program. All such use and/or activity shall contain substantial and appropriate academic content consistent with the university's academic and research mission.

(f) All contracts regarding the proposed activity must receive prior written approval as to legal form and sufficiency by the office of general counsel. All such contracts shall contain provisions for liability insurance naming the university as an insured, indemnity by the agency or person seeking the research or service, or some other measure reasonably appropriate to minimize any university liability. Center managers shall forward these agreements, after respective decanal approval and legal review, to the associate vice president for research and director of technology transfer for signature.

(2) Academic deans for the college in which the research and services are located, shall assure that the requirements are met before approving any such use and/or activity.

Replaces: 3359-2-05

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359.01
Prior Effective Dates: 11/04/77, 12/31/86, 12/22/89, 07/20/90, 12/06/93, 09/21/95, 05/30/96, 04/28/97 11/24/01, 06/15/02, 06/29/02, 02/27/09, 06/28/12

3359-2-06 Degrees and certificates.

Conferring of degrees and certificates.

(A) Honorary degrees may be conferred by the board. Honorary degrees are not conferred in absentia but at regular commencements or at special convocations.

(B) Degrees in course and certificates shall be granted by the board to candidates recommended by the respective faculties and the faculty senate as having fulfilled the requirements thereof.

(C) Degrees in course shall be conferred and all certificates shall be awarded by the president of the university at commencement or presented in absentia.

(D) Diplomas and certificates shall carry the signature or facsimile thereof of the chairperson of the board, the president of the university, the secretary of the board, and the dean of the college or school of the recipient.

(E) Honorary certificates may be conferred by the board. Honorary certificates may be conferred upon recommendation of the president at regular commencements, special convocations, or other events deemed appropriate by the president.

Replaces: 3359-2-06

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 11/04/77, 12/31/86, 07/20/90, 09/21/95, 03/27/03

3359-2-10 Vice president for research and dean of the graduate school.

(A) The vice president for research and dean of the graduate school shall be appointed by the board upon recommendation of the president; shall hold office at the discretion of the president; and shall be responsible to the president.

Notwithstanding the direct reporting relation between vice president for research and dean of the graduate school to the president, it shall be the duty and responsibility of vice president for research and dean of the graduate school to coordinate with and keep the senior vice president and provost informed in advance on all matters, initiatives, or decisions within their area of responsibility that involve academic matters, or that have a reasonable expectation of involving or affecting the academic programs, activities, or directions of the university.

(B) The vice president for research and dean of the graduate school shall be responsible for:

(1) The university's research grants, contracts, and sponsored programs through the office of research administration;

(2) Its intellectual property administration, patent marketing, and licensing activity through the office of technology transfer, and coordination with the office of the vice president and general counsel with respect to all legal matters, including patent prosecutions, enforcement and maintenance;

(3) The conduct of programs to encourage basic, applied, and funded research among the appropriate faculty, staff, and students;

(4) Technology commercialization of university intellectual property and economic development;

(5) Serving as the university's chief research officer and a member of the university research council as well as serving on the Ohio board of regents research officers council.

(C) The vice president for research and dean of the graduate school shall be responsible, in cooperation with the deans of various colleges, for the general academic supervision of graduate education in accordance with the policies and rules established by the Ohio board of regents, the university of Akron board of trustees, and the president.

(D) The duties of the vice president for research and dean of the graduate school shall include but not be limited to:

(1) Encourage the colleges to develop programs of graduate study;

(2) Maintain, in cooperation with the deans of the degree-granting colleges, a satisfactory standard of instruction in graduate education;

(3) Approve those faculty members who qualify for service on master's and doctoral committees and for teaching graduate courses;

(4) Administer the admission procedures to graduate education, the prerequisites for graduate study, the requirements of graduate degrees, and the counseling and registration of graduate students;

(5) Administer the graduate research, teaching, and industrial assistantships and graduate fellowship programs;

(6) Convene and chair the graduate council;

(7) Present to the president at commencement those students who successfully fulfilled the requirements for graduate degrees for appropriate degree conferral;

(8) Serve as a member of the Ohio board of regents advisory committee on graduate study;

(9) Submit an annual report to the president concerning the academic activities, problems, and fiscal needs of the school, and perform such other graduate-related duties as may be indicated by the president or the senior vice president and provost.

(E) The vice president for research and dean of the graduate school shall have authority to sign research contracts for the university of Akron, consistent with the rules of the university, including but not limited to the requirements and restrictions set forth in rule 3359-02-05 of the Administrative Code, and upon prior legal review and approval of the vice president and general counsel or designee.

Effective: 6/28/2012
Promulgated Under: 111.15
Statutory Authority: 3345.31
Rule Amplifies: 3359.01
Prior Effective Dates: 11/4/77, 12/31/86, 12/22/89, 7/20/90, 5/22/91, 12/23/95, 11/24/01, 9/20/02