In accordance with its three-fold mission of education, research, and public service, the State University of New York University) has undertaken cooperative programs and projects with industry for the overall betterment of the state. While the traditional vehicle for such cooperation has been the conduct of sponsored research at University facilities, another mutually beneficial avenue exists and has been of recurring and increasing interest to University campuses – the cooperative use of University research equipment. The policy statement provides support for University-industry cooperative use of University research equipment and sets forth basic conditions governing such use.

In accordance with its three-fold mission of education, research, and public service, the State University of New York (University) has undertaken cooperative programs and projects with industry for the overall betterment of the state.

In all three of its mission areas – education, research, and public service – the University wishes to cooperate with industry for the mutual attainment of a common goal, the enhancement of the well-being of the people of the State.

To this end, the University is continuing to seek research grants and contracts from industrial concerns and has begun a very active program for the licensing of inventions. Such formal agreements are the primary vehicle for industry- University cooperation.

The University desires to provide additional opportunities for cooperative relationships through less formal arrangements. University-industry cooperative use of University research equipment is one such arrangement. This policy authorizes such cooperative arrangements. Of course, any use of equipment purchased with funds supplied by federal or state government, or private enterprise, will remain subject to appropriate restrictions imposed by federal and state law, the provisions of sponsored program contracts, or the terms of University financing agreements.

Guidelines

Each campus should draw up such guidelines observing the following conditions:

A.   The University is committed to implementing arrangements for cooperative use of available research equipment, while recognizing that priority on use of such equipment must be for the University's primary academic mission and activities of the campus.

B.    In recognition of this educational mission, proposals for cooperative use of equipment should involve faculty, students or technical staff in ways that add to their knowledge and professional skills in those instances where such knowledge and skills may be developed further.

C.    Each such cooperative use of research equipment must be defined in scope (by dollar amount, time, or other quantitative measure). Appropriate permit or contract procedures should be followed consistent with the procedures developed for the administration of sponsored programs and the use of University facilities by outside organizations.

D.    In order to ensure that necessary priority is given to ongoing University research and educational programs, the determination regarding the availability of particular items of equipment for cooperative use should rest with the campus president, or designee, in consultation with the principal research investigators.

E.   University facility and equipment services will not be provided to non-University organizations or individuals in direct competition with private companies that provide equivalent equipment services on a commercial basis.

F.    Full costs, both direct and indirect must be recovered, including special costs relating directly to security, insurance and indemnification protection for the University.

G.   All arrangements must be consistent with general Board of Trustees' policies. Ownership of all patentable inventions or discoveries, which are brought to University research facilities under such cooperative arrangements by non-university organizations or individuals for further development or testing, will remain with such non-university organization or individual. Consistent with Trustees' Policies, patent and licensing rights may also be subject to provisions of formal agreements with industrial sponsors of University research programs.

Campus guidelines are to be submitted to the chancellor or designee for advice and review before publication.

There are no definitions relevant to this policy.

Board of Trustees Policies – Patents, Inventions & Copyright Policy (8 NYCRR §§ 335.28 & 335.29)

Use of Facilities by Non-Commercial Organizations

There are no procedures relevant to this policy.

There are no forms relevant to this policy.

State University of New York Board of Trustees Resolution 82-9 dated June 23, 1982.

Memorandum to presidents from the office of the executive vice chancellor, dated August 26, 1982, outlined the University’s policy on University-Industry Cooperative Use of Research Equipment adopted by the Board of Trustees on June 23, 1982. The policy allows campuses, within general conditions, to draw up specific guidelines for such cooperative use.

There are no appendices relevant to this policy.