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Section
A. Appeal to the President. In the event that an individual
who is not covered by a Collective Bargaining Agreement Grievance
Process, believes that he or she is the owner of an original
work and entitled to intellectual property rights that the
Intellectual Property Coordinator at the college or university
has determined belong to the college or university, that person
may appeal to the President of the college or university or
Chancellor as appropriate. The Intellectual Property Coordinator
shall develop an appeal form for use in such situations. The
person challenging the Intellectual Property Coordinator's
decision shall file the appeal with the President/Chancellor
(or their designee) within 30 days after the person receives
written notification from the college or university that the
Coordinator has determined that the college or university
is the owner of intellectual property rights in the work.
Upon receipt of the appeal, the President/Chancellor shall
establish a committee of at least three and no more than five
people to review the decision of the Coordinator and make
a recommendation to the President/Chancellor on ownership
of intellectual property rights.
The
President/Chancellor may appoint any person to the committee,
but the committee shall be comprised of at least one faculty
member appointed by the faculty and one student member appointed
by the campus student association. The President/Chancellor
shall appoint one member of the Committee as chair. The person
challenging the decision and the Coordinator shall provide
such information as the President/Chancellor or the committee
shall request and any other information the challenger or
the Coordinator wishes to submit. The Committee shall make
a recommendation to the President/Chancellor within sixty
(60) days after the appeal is filed. The President/Chancellor
shall make a final decision within thirty (30) days after
receipt of the committee's recommendation or the information
requested, but the President/Chancellor may extend the time
with the approval of the challenger.
Subpart
B. President's Decision Final. The decision of the President/Chancellor,
as appropriate (or their designee) regarding intellectual
property rights in an original work shall be final.
Subpart
C. Affect of Decision. The President's decision does not
negate the legal rights of the petitioner or respondent.
Subpart
C. No Application to Certain Disputes. This provision
has no application to a situation where two or more individuals
disagree on ownership of an original work and the college,
university or System does not maintain that it is an owner
of such work.
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