In fulfillment of University of Louisiana System policy M-15, McNeese State University has established this policy authorizing contracts between the university and a member of the faculty, research staff, or coaching staff or a company in which the employee has an interest under specified circumstances. This policy is established to fulfill the System obligation to assist in the important mission of economic development, technology transfer, commercialization of technology, and coaching endeavors as provided for in Louisiana R.S. 42:1101 to R.S. 42:1148, especially 42:1111, 42:1112, 42:1113, and 42:1123(10)
Date enacted or revised:
June 6, 2005
The following definitions shall apply throughout the remainder of this policy section:
- "Employee" means any member of a faculty, research staff, or coaching staff at McNeese State University within the University of Louisiana System.
- "Private entity" means any outside foundation, corporation, company, or partnership in which the employee, or a member of his or her immediate family, has an economic interest.
- "Economic interest" means a five percent (5%) or larger shareholder position.
Types of Contracts PermittedFor a proposed contract between McNeese State University and an employee or between McNeese State University and the private entity to be permitted under this policy, the contract must relate to either: 1) the disposition of a patent, copyright, licensing right, or royalty which is attached to a discovery, technique, technology, or activity resulting from research done, in whole or in part, by the employee in the course of his or her employment at the university; 2) a business activity relating to or resulting from research conducted, in whole or in part, by McNeese State University employee in the course of his or her employment at the university; or 3) a business activity relating to or resulting from a coaching activity of a McNeese State University employee conducted in the course of his or her employment at the university. All contracts between the university and an employee or private entity must be in accordance with the following minimum provisions:
- All contracts and correspondence must be in writing;
- The ownership interests in the private entity must be disclosed in full and in writing to the appropriate university office or designee of the university president;
- All negotiations between an employee, or the private entity, and the university must be at arm's length. Neither the employee nor his or her immediate family, when they are also employed by the university, may participate in negotiations or decision making on behalf of the university. Contracts otherwise permitted will be disallowed when an employee or member of the employee's immediate family has participated on behalf of the university in the negotiation of a contract. The university may, however, elect to consult the employee regarding technical or scientific aspects of the proposed contract;
- Another university employee who is not under the direct supervision of or a member of the department of the employee submitting the contract must negotiate the contract on behalf of the university;
- A McNeese State University committee, appointed by the university president, must review all such proposed contracts after they have been negotiated and the employee and/or the private entity have agreed to their terms. Membership on this committee may include representatives from both the public and private sectors. The president or designee shall chair the committee. This committee will be empowered by the Board of Supervisors to certify to the Board of Regents, per Louisiana R.S. 1123(10(a), semi-annually that entering into the contract will contribute to the economic development of the state and, among readily available alternatives, entering into the contract serves the public interest;
- An appropriate university official must certify to the committee that entering into the contract will not interfere or conflict with the performance of the employee or the employee's fulfillment of his/her obligation to the university;
- An employee with a joint appointment must receive the approval of the other institution, provided, however, that where agreement or approval cannot be reached or is unobtainable, then the university president shall make the final decision without such approval; and
With respect to payments made pursuant to any contract perfected under this policy, the following standards must be followed:
- Compensation to the university for the use of services, supplies, facilities, equipment, or technology must be paid at the same rate that such services, supplies, facilities, equipment, or technology would be made available to the general public or to others under arms-length negotiated contracts.
- Compensation from the university to the employee, or to the private entity, for services rendered cannot be more than normally would be paid for similar services. Where the university and an employee, as a contractor or subcontractor, or the university and the private entity provide services to a third party, a fair apportionment of the remuneration should be made and specified based on the value of their respective contribution in services, investments, technologies, equipment, or facilities utilized.