§ 16-59-26 - The public and private partnership in education.
SECTION 16-59-26
§ 16-59-26 The public and privatepartnership in education. – (a) Purpose. The state of Rhode Island recognizes that research is aprimary mission of an institution of higher education. While carrying out itsresearch mission, the state further recognizes that inventions of value to thepublic will be made by persons working in its public institutions of highereducation. The marketing of these inventions will contribute to job creationand to the overall economic well-being of the state of Rhode Island and thenation. It is accordingly the policy of the state to encourage such inventorsand inventions and to take appropriate steps to aid the inventor and ensurethat the public receives the benefit. In facilitating this policy, the staterecognizes the need for cooperation between governmental agencies, privateindustries, and the inventors themselves.
(b) Definitions. The following words and phrases usedin § 16-59-26 have the following meaning:
(1) "Conflict of interest policies and procedures relating toresearch and development" refers to policies and procedures adopted by theRhode Island board of governors for higher education in consultation with theRhode Island ethics commission, and approved by the Rhode Island ethicscommission;
(2) "Relationship" includes any interest, service,employment, gift, or other benefit or relationship;
(3) "Research or development" means basic or applied researchor development, including:
(i) The development or marketing of university-ownedtechnology;
(ii) The acquisition of services of an official or employee,by an entity for research and development purposes;
(iii) Participation in state economic development programs; or
(iv) The development or marketing of any technology on thepremises of a public institution of higher education by an official or employeeof the institution.
(c) Policy. (1) The Rhode Island board of governorsfor higher education shall develop conflict of interest policies and proceduresbased on the purposes expressed in art. 3, § 7 of the Constitution of theState of Rhode Island, § 36-14-1, and in this section.
(2) The Rhode Island board of governors for higher educationshall consult with the Rhode Island ethics commission in developing thesepolices and procedures and shall submit them to the Rhode Island ethicscommission for approval in order to insure conformity with the purposesexpressed in art. 3, § 7 of the Constitution of the State of Rhode Island,§ 36-14-1, and in this section.
(d) Policy standards. The policies and proceduresadopted by the board of governors for higher education under subsection (c) ofthis section shall:
(1) Require disclosure of any interest in, or employment by,or other relationship with an entity for which an exemption under this sectionis claimed, on a form filed with the ethics commission and the Rhode Islandboard of governors for higher education and maintained as a public record atthe commission offices, the office of higher education, and at the interestedpublic institution of higher education;
(2) Require review of all disclosures by a designatedofficial or officials, who shall determine what further information must bedisclosed and what restrictions shall be imposed by the Rhode Island board ofgovernors for higher education to manage, reduce, or eliminate any actual orpotential conflict of interest;
(3) Include guidelines to ensure that interests andemployment for which an exemption under this section is claimed do notimproperly give an advantage to entities in which the interests or employmentare maintained, lead to misuse of institution students or employees for thebenefit of entities in which the interests or employment are maintained, orotherwise interfere with the duties and responsibilities of the exempt officialor employee;
(4) Require approval by the president of the publicinstitution of higher education of any interest or employment for which anexemption is claimed under this section; and
(5) Require approval by the Rhode Island board of governorsfor higher education.
(e) Relationship permitted. An official or employee ata public institution of higher education may have a relationship, that wouldotherwise be prohibited by the Rhode Island Code of Ethics in Government, withan entity engaged in research or development, or with an entity having a directinterest in the outcome of research or development, only if the Rhode IslandBoard of governors for higher education has adopted policies and procedures inaccordance with this section, and the official or employee has complied withthe polices and procedures. If the provisions of this section are not met, theofficial or employee is not exempt from any relevant provisions of the RhodeIsland Code of Ethics in Government.
(f) Annual reporting. The board of governors forhigher education shall report annually to the governor, the president of thesenate and the speaker of the house of representatives, and the ethicscommission the number of approvals granted under this section and how theconflict of interest policies and procedures adopted pursuant to this sectionhave been implemented in the preceding year.
(g) Person not eligible. An official or employee whois a president, or vice-president at a public institution of higher educationin Rhode Island may not receive an exemption under this section.
(h) Ethics commission review. The board of governorsfor higher education shall promptly notify the ethics commission in writing ofany exemption that is granted under this section. If the ethics commissiondisagrees with an exemption that is granted pursuant to this section and theconflict of interest policies and procedures relating to research anddevelopment adopted by the board of governors for higher education, withinthirty (30) calendar days after the receipt of the notice described in thissection, the ethics commission shall notify the board of governors for highereducation reason for its concern. Upon receipt of such notice from the ethicscommission, the board of governors for higher education shall cause the matterto be re-examined at an open and public meeting pursuant to § 42-46-1 etseq.