§ 16-59-26. The public and private partnership in education.
(a) Purpose. The state of Rhode Island recognizes that research is a primary mission of an institution
of higher education. While carrying out its research mission, the state further recognizes
that inventions of value to the public will be made by persons working in its public
institutions of higher education. The marketing of these inventions will contribute
to job creation and to the overall economic well-being of the state of Rhode Island
and the nation. It is accordingly the policy of the state to encourage such inventors
and inventions and to take appropriate steps to aid the inventor and ensure that the
public receives the benefit. In facilitating this policy, the state recognizes the
need for cooperation between governmental agencies, private industries, and the inventors
themselves.
(b) Definitions. The following words and phrases used in this section have the following meaning:
(1) "Conflict of interest policies and procedures relating to research and development�
refers to policies and procedures adopted by the council on postsecondary education,
or as it pertains to the university of Rhode Island, the board of trustees, in consultation
with the Rhode Island ethics commission, and approved by the Rhode Island ethics commission;
(2) "Relationship� includes any interest, service, employment, gift, or other benefit
or relationship;
(3) "Research or development� means basic or applied research or development, including:
(i) The development or marketing of university-owned technology;
(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 the premises of a public institution
of higher education by an official or employee of the institution.
(c) Policy.
(1) The council on postsecondary education, or as it pertains to the university of Rhode
Island, the board of trustees shall develop conflict of interest policies and procedures
based on the purposes expressed in R.I. Const., Art. III, Sec. VII, § 36-14-1, and in this section.
(2) The council on postsecondary education, or as it pertains to the university of Rhode
Island, the board of trustees, shall consult with the Rhode Island ethics commission
in developing these policies and procedures and shall submit them to the Rhode Island
ethics commission for approval in order to insure conformity with the purposes expressed
in R.I. Const., Art. III, Sec. VII, § 36-14-1, and in this section.
(d) Policy standards. The policies and procedures adopted by the council on postsecondary education, or
as it pertains to the university of Rhode Island, the board of trustees under subsection
(c) of this section shall:
(1) Require disclosure of any interest in, or employment by, or other relationship with
an entity for which an exemption under this section is claimed, on a form filed with
the ethics commission and the council on postsecondary education, or as it pertains
to the university of Rhode Island, the board of trustees and maintained as a public
record at the commission offices, the office of higher education, and at the interested
public institution of higher education;
(2) Require review of all disclosures by a designated official or officials, who shall
determine what further information must be disclosed and what restrictions shall be
imposed by the council on postsecondary education, or as it pertains to the university
of Rhode Island, the board of trustees to manage, reduce, or eliminate any actual
or potential conflict of interest;
(3) Include guidelines to ensure that interests and employment for which an exemption
under this section is claimed do not improperly give an advantage to entities in which
the interests or employment are maintained, lead to misuse of institution students
or employees for the benefit of entities in which the interests or employment are
maintained, or otherwise interfere with the duties and responsibilities of the exempt
official or employee;
(4) Require approval by the president of the public institution of higher education of
any interest or employment for which an exemption is claimed under this section; and
(5) Require approval by the council on postsecondary education, or as it pertains to the
university of Rhode Island, the board of trustees.
(e) Relationship permitted. An official or employee at a public institution of higher education may have a relationship,
that would otherwise be prohibited by the Rhode Island code of ethics in government,
with an entity engaged in research or development, or with an entity having a direct
interest in the outcome of research or development, only if the council on postsecondary
education, or as it pertains to the university of Rhode Island, the board of trustees
has adopted policies and procedures in accordance with this section, and the official
or employee has complied with the policies and procedures. If the provisions of this
section are not met, the official or employee is not exempt from any relevant provisions
of the Rhode Island code of ethics in government.
(f) Annual reporting. The council on postsecondary education, or as it pertains to the university of Rhode
Island, the board of trustees shall report annually to the governor, the president
of the senate and the speaker of the house of representatives, and the ethics commission
the number of approvals granted under this section and how the conflict of interest
policies and procedures adopted pursuant to this section have been implemented in
the preceding year.
(g) Person not eligible. An official or employee who is a president, or vice-president at a public institution
of higher education in Rhode Island may not receive an exemption under this section.
(h) Ethics commission review. The council on postsecondary education, or as it pertains to the university of Rhode
Island, the board of trustees, shall promptly notify the ethics commission in writing
of any exemption that is granted under this section. If the ethics commission disagrees
with an exemption that is granted pursuant to this section and the conflict of interest
policies and procedures relating to research and development adopted by the council
on postsecondary education, within thirty (30) calendar days after the receipt of
the notice described in this section, the ethics commission shall notify the council
on postsecondary education reason for its concern. Upon receipt of such notice from
the ethics commission, the council on postsecondary education, or as it pertains to
the university of Rhode Island, the board of trustees shall cause the matter to be
re-examined at an open and public meeting pursuant to § 42-46-1 et seq.