Use of Intellectual Property
Use of Intellectual Property - Policy Concerning the Assigning of Faculty Authorized Textbooks To Students Taught by Same Faculty
Assignment of Textbooks
Section 1-84 of the Connecticut General Statutes prohibits public officials and other
state employees from using their public office or position to obtain a financial gain
for themselves or their family members or any business with which they are associated.
A faculty member’s assignment of a textbook authored or developed by the faculty member
could be considered as “obtaining financial gain” for the faculty member in violation
of the Connecticut State Ethics Code. Before requiring students to purchase a textbook
or intellectual property for a course that the faculty member authored or developed,
the faculty member must obtain prior approval for such use or provide documentation
that any financial gain is directed to a University fund from which that faculty member
derives no personal financial benefit, or to another recognized 501(c)(3) entity within
30 days of receipt. Therefore, all full time and part-time faculty who require their own students to purchase
the faculty member’s intellectual property are required to provide notification to
the Provost/Vice President for Academic Affairs. The notification and compliance form is available at
Intellectual Property Notification and Compliance Form
Pursuant to the State of Connecticut Ethics Commission’s requirement in Advisory Opinion 2001-7 (see http://www.ct.gov/ethics/cwp/view.asp?a=2305&q=301480 for the full text), (Central, Eastern, Southern, Western) Connecticut State University requires that there be established a review panel that will rule on requests to utilize a professor’s text for his or her class.
Review Panel Composition
The review panel is appointed by the Provost/Vice President for Academic Affairs and shall include no less than five (5) members including tenured faculty members recommended by the Deans of their respective Schools. Faculty shall represent different departments. Membership will include at least the following:
Two (2) faculty members from the School of Arts & Sciences, one of whom is a scientist
One (1) faculty member from the School of Business
One (1) faculty member from the School of Education
One (1) faculty member from the School of Health and Human Services
One (1) faculty member from any school to serve as an alternate
Terms of Appointment
Members on this panel serve for two-year staggered terms. Initially, half of the members will be appointed for a period of one year. New members are selected in late Spring. The term of office concludes at the end of the academic year.
The review panel selects a chair for a two-year period who is responsible for all communications with the faculty and administration. The review panel considers requests, justification and evidence submitted by full-time or part-time faculty members who have authored a textbook and wish to assign that textbook to students in courses they teach at the university. After considering all appropriate materials, the review panel rules and can approve requests if the requests meet one or both of the following requirements:
a) the text is recognized as the standard in the field, or
b) the text offers a unique perspective on the topic of study
The panel informs the faculty member in writing of its decision indicating the reason for approval or disapproval, no later than 30 days from the day the request is received by the panel. A copy of the decision is transmitted to the Provost/Vice President for Academic Affairs. All decisions require a majority vote. A panel member who represents the department of the faculty member whose request is under consideration may not vote on that request. All materials submitted to the panel and any other materials produced by the panel will be appropriately archived within the university at the end of each academic year.
Instructors whose application to require purchases of intellectual property has been
denied may appeal the committee’s decision to the Provost/Vice President for Academic
Failure to comply with this Policy constitutes a violation of the State Ethics Code and University policy and subjects the faculty member to an enforcement action by the State Ethics Commission and disciplinary procedures by the University.