Intellectual Property and Technology Transfer Policy

If an agreement cannot be reached, the school deans (or the appropriate vice president or supervisor in the case of a staff member) will review the circumstances attending the development of the intellectual property, including the prior investment of University resources, and make a recommendation to the VPAA of the University.

Section VI. University Ownership

The University shall own copyright only in the following three circumstances:

1. The University expressly directs a faculty member to create a specified work, or the work is created as a specific requirement of employment or as an assigned institutional dutythat may, for example,be included in a written job description or an employmentagreement. 2. The faculty author has voluntarily transferred the copyright, in whole or in part, to the institution. Such transfer shall be in the form of a written document signed by thefaculty author. 3. The University has contributed to a “joint work” under the Copyright Act. The institution can exercise joint ownership under this clause when it has contributed specialized services and facilities to the production of the work that goes beyond what is traditionally provided to faculty members generally in the preparation of their course materials. Such arrangement is to be agreed to in writing, in advance, and in full conformance with other provisions of thisagreement.

Section VII. Exceptions to University Ownership

Subd. 1. Regular Academic Work Product. A regular academic work product is owned by the creator and not the University.

Subd. 2. Course Requirement. Intellectual property created solely for the purpose of satisfying a course requirement is owned by the creator and not the University.

Subd. 3. Pre-Existing Rights. If the intellectual property referred to in subdivisions 1 and 2 is a derivative of or otherwise uses preexisting University-owned intellectual property, this section shall not prevent the University from asserting its preexisting rights.

Subd. 4. Contractual Agreements. For intellectual property created in the course of or pursuant to work done under agreement between the University and external sponsor(s), ownership will be determined in accordance with the terms of the University’s agreement with the external party and applicable law.

Section VIII. Use of Intellectual Property

Subd. 1. Rights to Publish. Nothing in this policy shall be construed as affecting the rights of a creator to publish, except that in cases when Universityownership has been established the creator must agreeto observe a brief period of delay in publication or external dissemination if the University so requests and such a delay is necessary to permit the University to secure protections for intellectual property disclosed to it by the creator. Subd. 2. Use of Teaching Materials. In order to facilitate joint work on teaching materials and support collaborative teaching, and notwithstanding the ownership rights otherwise granted by this policy,

individuals who contribute teaching materials used in jointly developed and taught University courses thereby grant a nonexclusive, nontransferable license to the University to permit other contributors to the course to continue using those jointly produced teaching materials in University courses.

Subd. 3. Derivative Works. Jointly owned works (under section VI above) enable both the faculty member and the University to independently or cooperatively create derivative works from those works where there is shared ownership. As an example, if the University pays a faculty member to develop an online course under a joint ownership agreement stipulated in writing, the faculty member retains the right to develop derivative works, such as an online textbook or a lab manual, and the university also retains the right to develop derivative works, such as modifications to the master course from those online course materials.

Section IX. Distribution of Income

Subd. 1. In cases where no use has been made of University equipment, facilities, or employee and/or student time, or in traditional cases involving the creation of literary, artistic, and scholarly work, the University will have no claim of equity. In cases where this applies, the inventor is at liberty to pursue patent negotiations independently. However, in such cases, the name of the University may not be used in connection with inventions in which the University has no equity interest without prior written permission.

Subd. 2. In cases where the University does have equity rights according to Section VI and there has been normal use of University equipment, facilities, or employee and/or student time devoted to the invention, the University will be deemed to have a 40% of gross equity interest in the invention.

Subd. 3. In cases where the University does have equity rights according to Section VI and there has been significantly above normal use of University equipment, facilities, or employee and/or student time or University contributions, including additional salary, devoted to the development of the invention, the University will be deemed to have a 60% of gross equity interest in the invention.

Subd. 4. In cases that would normally be covered by Subd. 2 and Subd. 3, but where gross equity has been determined to be less than $5,000, the University shall assert no claim of a percent of gross equity interest.

Section X. University Responsibilities

The University shall have the responsibility to: 1. Provide oversight of intellectual property management and technologytransfer; 2. Establish effective procedures for licensing and patenting intellectualproperty; 3. Promote effective distribution and marketing of intellectualproperty; 4. Protect the University’s intellectual property; and 5. Inform individuals covered by this policy about itsprovisions.

Section XI. Responsibilities of Applicable Individuals

Covered individuals have a responsibility to: 1. Adhere to the principles and procedures embodied in thispolicy; 2. Create, retain, and use intellectual property according to the applicable local state,

federal, and international laws and Universitypolicies; 3. Disclose promptly in writing intellectual property owned by the University pursuant to this policy or created pursuant to sponsored research or other contractual arrangements with external parties that are governed by section VII, subdivision 4, and assign title to such intellectual property to the University or its designee to enable the University to satisfy the terms of any applicable funding or contractual arrangement; and 4. Cooperate with the University in securing and protecting the University’s intellectual property, including cooperation in obtaining patent, copyright, or other suitable protection for such intellectual property and in legal actions taken in response toinfringement.

Section XII. Compliance

Failure to comply with the provisions of this policy is a violation and may result in discipline of an employee in accordance with applicable University policies and procedures.

MATERNITY LEAVE POLICY

For all full-time salaried employees, maternity leave is treated as any other short-term disability and will be paid according to the terms of the Short-Term Disability Policy. An employee may work for as long as is permitted by her physician and may return to work when medically approved to do so. (The customary amount of time allowed is six (6) weeks for a vaginal delivery and eight (8) weeks for a Cesarean section.) If additional time off is requested, but is not medically required, an employee may then use any accumulated personal time or vacation time with supervisor’s approval.

Explanation of above policy

Regarding faculty: For deliveries that occur over summer vacation, maternity leave (6 or 8 weeks) begins from the date of delivery. Short Term disability, which is the paid part of the leave, runs concurrently with the maternity leave but begins on 9/1 (the renewal date for contracts.) As indicated in the Summary of Benefits, page 2, “short term disability leave may be extended, at the discretion of the University, for a period not to exceed one semester.”

In all cases, Virginia Wesleyan will abide by any and all applicable federal and state laws.

Theadministration of Virginia Wesleyan Universitytakes seriouslythe safetyof its employees and students and expects anyone driving a university-owned vehicle as well as employees using personal vehicles in the course of University business to have a current driver’s license and to maintain a safe driving record. The following guidelines have been established to include Motor Vehicle Record (MVR) acceptability levels for prospective drivers and current Virginia Wesleyan drivers. It is Virginia Wesleyan’s policy and a requirement that every employee and student with driving duties maintain an MVR that meets the requirements outlined inthis policy.

Purpose

The purpose of this policy is to establish compliance with requirements of Virginia Wesleyan University’s liability insurance carrier. The insurance carrier determines what is an acceptable driving record (for insurance purposes) for an individual who drives university-owned or leased vehicles, or whoroutinelyuse personal vehiclesinthecourse of Universitybusiness. Theinsurance carrierusesMotorVehicleRecord(MVR)reports todetermineifdrivers meet thecarrier’s criteria.

To be clear, this MVR policy applies both to drivers of university-owned and/or leased vehicles as well as employees routinely using personal vehicles in the course of University business. Routinely can be defined as the need to drive on a weekly basis. We appreciate the adjustments you will make to your plans to comply with this policy.

Driver Selection and Qualification

Virginia Wesleyan will examine MVR’s for all employees and students driving university-owned vehicles and/or vehicles leased bythe Universityprior to authorizing drivingprivileges and at least annually thereafter. Virginia Wesleyan University will examine MVR’s for all employees and students using personal vehicles routinely in the course of University business. Continued driving privileges in these positions requires maintenance of an MVR that meets the standards presented within this policy.

Procedure

1. Prior to making an offer of employment, for those positions whose job function may involve driving a University owned and/or leased vehicle for the University or driving routinely in the course of University business, an applicant will be required to provide a recent MVR, within the last 30 days, for review. An applicant who refuses to complete, sign and submit the form may not be offered employment. 2. For current employees and or students, prior to obtaining an MVR, the hiring supervisor, the VPAA, or Human Resources/Payroll will obtain consent from the employee or student. A current employee or student may personally provide a certified copy of their recent MVR, within the last 30 days, or may authorize the University to obtain the MVR on their behalf. A current employee or student who refuses to provide a recent MVR or whorefuses tocomplete, sign,and submit theauthorizationformauthorizingtheUniversity to obtain the MVR may not be allowed to continue as an employee should driving responsibilities be a part of the employee’s job description or may have driving privileges restricted,