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Section XI: Publications / Research Projects

11.01. College Publications

  1. Each employee is responsible for knowing the contents of the Employee Handbook and The Source policies and procedures manual.
  2. All College publications and promotional materials including, but not limited, to brochures, flyers, posters, newsletters, letterhead, advertisements, certificates, tee-shirts and audiovisual materials which are distributed to the College’s various publics must be approved by the Marketing & Communications Office.
  3. All publications shall include the official CNM logo.

11.02. Surveys, Questionnaires and Research Projects

  1. Surveys, questionnaires and research projects involving staff and students shall be approved in advance by the Institutional Review Board according to procedures defined by the CNM administration. Studies considered exempt from the Institutional Review Board shall be approved by the Director of Institutional Research.
  2. Participant identification may be required only if essential to the results. Confidentiality shall be guaranteed.
  3. Students and staff may be required to participate only if the study was prepared by or for the College for its official use or to meet a requirement of law. Participation in all other studies is voluntary and a statement to that effect shall appear on the instrument. For other than official CNM studies, class time may be used only with prior approval from the Vice President for Academic Affairs, the appropriate Dean, and the instructor.
  4. Studies and surveys conducted as a part of CNM class projects which are exempt from the Institutional Review Board process shall be approved by the instructor and the appropriate Dean. If the survey is to be administered across schools, then the Director for Institutional Research shall also approve.

11.03. Copyright

  1. The College regards copyrightable material such as, but not limited, to a book, manual, musical or dramatic composition, architectural design, painting, sculpture or other comparable work developed by an employee as the property of the employee (author) unless:
    1. The material is prepared under a grant or contract with specified ownership; or
    2. The material is prepared as a specific part of the employee’s College assignment. An employee’s general desire to produce occupational or scholarly works is not such a specific College assignment.
  2. The College will claim copyright ownership in the name of the Governing Board of the College in those cases where:
    1. A College employee creates a copyrightable work in the course of discharging a College assignment; or
    2. The College specially orders or commissions a “work for hire”; or
    3. College ownership is specified by terms of a gift, grant or contract with an outside party or sponsored program, or other agreement.
  3. In any case where an employee in the development of a copyrightable work intended for commercial dissemination has made extensive use of College resources, such as computer time, staff personnel, supplies, equipment or facilities, but not including the use of library facilities or office space, his/her supervisor or department dean may require the employee to reimburse the College for any portion of such use. When a commercial enterprise is undertaken, the employee should consult his/her supervisor or department dean in advance to determine whether and to what extent reimbursement is appropriate. Reimbursement may be made by assignment of a portion of the royalties produced by the commercial venture, lump sum payment or any other mutually agreeable arrangement.
  4. Any dispute as to the issue or extensive use of copyrighted material, or as to the amount or method of reimbursement for use of College resources in preparing copyrighted material, may be appealed from the supervisor to the department dean or from the department dean to the Vice President for Instruction.
  5. The Vice President for Instruction is responsible for the interpretation and implementation of the copyright policy for the College. Decisions of the Vice President may be appealed to the President.

11.04. Patents

The College encourages efforts by employees that might result in the creation of intellectual property which may be protected by patent. The College recognizes that such efforts can be of value both to the College and the employee. Because such efforts often involve a combination of employee/College resources, it is appropriate for the College and the affected employee to have a policy that is mutually beneficial.

  1. The College shall not claim rights to any invention resulting from efforts that are in no way supported by the College, or to which the College’s contribution was negligible.
  2. The College shall have the right, title and interest to an invention, including the sole right to file patent applications thereon and the right to waive all or part of such right, where:
    1. the invention was conceived, or first actually reduced to practice, in the performance of work under an agreement with the College, or under an agreement of the College with any third party;
    2. the invention was directly related to the employee’s duties at the College; or
    3. the invention was made with more than a negligible contribution of College funds, facilities, personnel, equipment or technical information.
  3. Each invention shall be submitted to the Vice President for Administrative Services for a determination as to ownership rights according to the following procedure:
    1. The inventor shall report the invention in writing as soon as possible after work on the project commences and preferably within two months after conception or first actual reduction to practice, whichever occurs first. The report shall include a description of the invention, a statement describing the facts and circumstances of the invention process, and a written statement of concurrence from the appropriate dean or director.
    2. The Vice President for Administrative Services shall make an official determination as to ownership rights within 60 days of receipt of the information in (1) above.
    3. In the event the employee disagrees with the determination of the Vice President for Administrative Services, the employee may within 20 working days of the date of the Vice President’s determination appeal the determination to the President. The President may in his discretion appoint an ad hoc panel that will review all relevant acts and circumstances and make recommendations to the President for final determination. The President will issue a final determination on the employee’s appeal within 60 days of receipt of the appeal.
  4. It is within the sole discretion of the College to file an application for patent on any invention in which it has ownership interest. Likewise, it is within the sole discretion of the College to waive all or part of its rights to any invention, including the filing of an application for patent.
    1. The terms and conditions of any waiver by the College of any of its rights to an invention shall be a matter of negotiation between the College and the employee, and shall be determined on a case-by-case basis. If a waiver is to be granted, the employee must reimburse the College for any out-of-pocket expenses incurred by the College in connection with the patent.
    2. If the College determines to file a patent application in the United States or in foreign countries, the inventor shall at all times cooperate as requested by the College to assist in the preparation, filing and prosecution of patent application and the issuance and maintenance of any patents issuing. Costs relating to the patent application shall be borne by the College. Gross revenues received by the College including option fees, license fees, royalties and commissions of any description resulting from the exploitation of the invention shall be shared 50 percent with the employee after deduction of all out-of-pocket costs incurred by the College in the course of obtaining issuance and maintenance of the patent and in the course of any infringement case or any attack on the patent; or incurred in connection with licensing the patent.