98.0 IV-2.20-POLICY ON CLASSIFIED AND PROPRIETARY WORK

(Approved by the Board of Regents, April 25, 1991)

The mission of the University of Maryland System is to generate and to disseminate knowledge. University System interests and purposes are well served by the conduct of extramurally sponsored activities. Sponsors may operate within a proprietary or classified environment while the University functions on the principle of free inquiry and open expression. To serve the common interests of both the University System and the external sponsors, reasonable and workable guidelines for collaborative work which both facilitate beneficial arrangements with the sponsors and protect the basic tenets of the University are necessary.

POLICY

It is the policy of the University of Maryland System that instruction, research, and services will be accomplished openly and without prohibitions on the publication and dissemination of the results of academic and research activities. The following statements establish the basis, under this general policy, on which the University System institutions will enter into contractual agreements under governmental or private sponsorship. It also provides the basis for acceptance of graduate theses and dissertations.

1. It is the policy of the University of Maryland System that it neither conducts federal classified work nor permits the use of University facilities or resources for classified work on any of its campuses. When it is in both the University System and the national interest, it is appropriate to engage in classified work, such work must be conducted at off-campus sites.

2. The University of Maryland System enters into no contractual agreement that restrains it from disclosing the existence of the agreement, the nature of the work, and the identity of the sponsor.

3. University System institutions will enter into no agreement that bars investigator(s) from publishing or otherwise disclosing the findings publicly. However, with the concurrence of the investigator(s), the institution may agree to delay publication for a maximum of 90 days to allow sponsors to determine whether their proprietary information may be revealed, or whether they will exercise their rights under patent clauses in agreements with the institution. The institution with the concurrence of the investigator(s) may agree to an additional delay of up to 90 days.

4. The University System recognizes that some publishable work can best be accomplished if a University investigator(s) has access to a sponsor's proprietary information or materials. The University and investigator(s) may agree to use reasonable efforts to protect such information or materials from disclosure, but they cannot accept liability if such efforts fail.

5. University System institutions accept no graduate theses or dissertations that cannot be made public. The provisions stated in item 3 for delaying public disclosure also apply to graduate theses and dissertations; therefore, the institution will not permit a student to defend any thesis or dissertation which contains proprietary information until the time period allowed by item 3 has expired.

6. This policy does not apply to consulting or other activities conducted off-campus or without the use of University facilities or resources. Consulting activities must conform to the University's separate policy on consulting.

7. This policy does not require the disclosure of the identity of human-research subjects whose participation in research projects is secured through pledges of anonymity. Further, this policy does not require disclosure of confidential student, patient or employee records protected by federal, state or university policies or of information protected by professional ethics.

8. Under highly unusual circumstances, exceptions to sections 1-4 may be granted by the Chancellor of the University of Maryland System on the recommendation of the appropriate President or Director. The Chancellor will make an annual report to the Board of Regents specifying exceptions granted under this provision.

DEFINITIONS

For the purpose of this policy proprietary information or materials means unclassified information or materials that can be made public or that an be disseminated only with the approval of an individual or organization external to the University of Maryland System.

Replacement for: BOR VII - 8.00-1