IV220 - USM

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  106.0 IV-2.20-POLICY ON CLASSIFIED AND PROPRIETARY WORK
 
  (Approved by the Board of Regents, April 25, 1991)
 
 
  The mission of the University of Maryland System is to generate
  and to disseminate knowledge.  University System interests and
  purposes are well served by the conduct of extramurally sponsored
  activities.  Sponsors may operate within a proprietary or
  classified environment while the University functions on the
  principle of free inquiry and open expression.  To serve the
  common interests of both the University System and the external
  sponsors, reasonable and workable guidelines for collaborative
  work which both facilitate beneficial arrangements with the
  sponsors and protect the basic tenets of the University are
  necessary.
 
  POLICY
 
  It is the policy of the University of Maryland System that
  instruction, research, and services will be accomplished openly
  and without prohibitions on the publication and dissemination of
  the results of academic and research activities.  The following
  statements establish the basis, under this general policy, on
  which the University System institutions will enter into
  contractual agreements under governmental or private sponsorship.
  It also provides the basis for acceptance of graduate theses and
  dissertations.
 
  1.   It is the policy of the University of Maryland System that
       it neither conducts federal classified work nor permits the
       use of University facilities or resources for classified
       work on any of its campuses.  When it is in both the
       University System and the national interest, it is
       appropriate to engage in classified work, such work must be
       conducted at off-campus sites.
 
  2.   The University of Maryland System enters into no contractual
       agreement that restrains it from disclosing the existence of
       the agreement, the nature of the work, and the identity of
       the sponsor.
 
  3.   University System institutions will enter into no agreement
       that bars investigator(s) from publishing or otherwise
       disclosing the findings publicly.  However, with the
       concurrence of the investigator(s), the institution may
       agree to delay publication for a maximum of 90 days to allow
       sponsors to determine whether their proprietary information
       may be revealed, or whether they will exercise their rights
       under patent clauses in agreements with the institution.
       The institution with the concurrence of the investigator(s)
       may agree to an additional delay of up to 90 days.
 
  4.   The University System recognizes that some publishable work
       can best be accomplished if a University investigator(s) has
       access to a sponsor's proprietary information or materials.
       The University and investigator(s) may agree to use
       reasonable efforts to protect such information or materials
       from disclosure, but they cannot accept liability if such
       efforts fail.
 
  5.   University System institutions accept no graduate theses or
       dissertations that cannot be made public.  The provisions
       stated in item 3 for delaying public disclosure also apply
       to graduate theses and dissertations; therefore, the
       institution will not permit a student to defend any thesis
       or dissertation which contains proprietary information until
       the time period allowed by item 3 has expired.
 
  6.   This policy does not apply to consulting or other activities
       conducted off-campus or without the use of University
       facilities or resources.  Consulting activities must conform
       to the University's separate policy on consulting.
 
  7.   This policy does not require the disclosure of the identity
       of human-research subjects whose participation in research
       projects is secured through pledges of anonymity.  Further,
       this policy does not require disclosure of confidential
       student, patient or employee records protected by federal,
       state or university policies or of information protected by
       professional ethics.
 
  8.   Under highly unusual circumstances, exceptions to sections
       1-4 may be granted by the Chancellor of the University of
       Maryland System on the recommendation of the appropriate
       President or Director.  The Chancellor will make an annual
       report to the Board of Regents specifying exceptions granted
       under this provision.
 
  DEFINITIONS
 
  For the purpose of this policy proprietary information or
  materials means unclassified information or materials that can be
  made public or that an be disseminated only with the approval of
  an individual or organization external to the University of
  Maryland System.
 
 
 
  Replacement for:  BOR VII - 8.00-1
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