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97

to develop the material, and the College has confirmed the assignment in

writing.

(4)

Intellectual Property Developed Under Sponsored Research Agreements

Ownership of Intellectual Property developed pursuant to an agreement with any sponsor

will be governed by the provisions of that agreement. Sponsored research and artistic programs

funded by private sponsors should be reduced to a written agreement that is submitted in advance

to the Provost. The Provost, with the review and approval of the President, will inform the

College employee of the contractual terms required for the use of College resources, facilities,

students, or personnel. The Agreement between the College employee and the private sponsor

will provide for appropriate compensation or reimbursement to the College for the use of College

resources, facilities, students, or personnel. Government and nonprofit sponsors generally

should follow the same procedure, subject to laws or conditions that are unique to such bodies.

(5)

Special Agreement

The overriding principle underlying this Intellectual Property Policy is to

encourage creativity and inventiveness, so the College reserves the right to allow

some flexibility in applying this policy on a case-by-case basis. In such cases,

ownership and use of materials developed pursuant to a special agreement

between the College and the creator/author will be governed by the principles of

that agreement.

4.

Administration

Office of the Provost: The Policy on Intellectual Property shall be administered by the

Office of the Provost and the stated terms and provisions of the policy shall be

determined and interpreted by the Provost with the review and approval of the President.

Intellectual Property Review Committee: In implementing this policy, the Provost shall

appoint a standing Intellectual Property Review Committee whose functions shall include

(1) reviewing policy provisions from time to time, as needed, with recommendations for

change or amendments to the Provost; and (2) reviewing other issues as requested by the

Office of the Provost or other interested parties.

Dispute Resolution: When a dispute arises over the application or interpretation of this

policy, an ad hoc I.P. Dispute Resolution Committee shall be formed to consider the

issues and render a decision. The I.P.D.R. Committee shall consist of three members of

the College community – one chosen by the College employee, one chosen by the

College administration and one agreed to and selected by the first two selected committee

members. The I.P.D.R. Committee may conduct a private hearing and formulate other

reasonable and necessary procedures to reach a majority decision in writing within sixty

(60) days after selection of the Committee. If either party is dissatisfied with the decision

of the Committee the party may appeal the Committee decision in the same manner and