Re: Nominal or substantial Herbert B. Chermside 14 Jul 2000 10:01 EST
Pat, this must always be interpreted in terms of the context where it is found. In the context of intellectual properties and the VA law, I have not seen a good answer for VA universities. In the absence of any guidance, we approached it in our Intellectual Properties Policy as follows: "Significant use of University resources. What constitutes significant use of University facilities, personnel, and resources is a question that must be answered on the basis of the facts and circumstances of each case. A University-wide formula to define "significant use" is inappropriate because of the different needs among various disciplines. Normal usage of library resources, secretarial help, word processing equipment, or other support services do not constitute a significant use. If a question arises, the creator should seek a written opinion from the department chair or program head, and if there is a disagreement, may appeal to the Chief Research Officer or his/her designer." I have heard suggestions that 5% of the total be the measure of "substantial" as far as invoking the requirement for gubernatorial approval for transferring title to inventions, but never any documentation. In other contexts, there are other guides. For example the old A-110 required sponsor approval of "significant" reductions of PI effort; the new A-110 re-expressed it as "25% reduction". Auditors and their prey are always in conflict about the application of such imprecise terms -- one reason A-110 was changed! Good luck! For that matter, assembling and discussing all the answers you get might make a very interesting paper!. Chuck At 04:59 PM 7/13/00 -0400, you wrote: >If anyone has a definition for Nominal use of >University resources versus substantial use of University >resources, I would appreciate your sharing with me @ >xxxxxx@jmu.edu. > > Thank you, > > >-- >Patricia D. Buennemeyer, CRA >Sponsored Programs >James Madison University >Harrisonburg, VA 22807 >Telephone (540) 568-6872 >FAX No. (540) 568-6240 >e-mail: xxxxxx@jmu.edu > > >====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") >====================================================================== Herbert B. Chermside, CRA Director, Sponsored Programs Administration Virginia Commonwealth University PO BOX 980568 Richmond, VA 23298-0568 Express Delivery Only: Sanger Hall, Rm. 1-073 11th & Marshall Streets Richmond, VA 23219 Voice: 804-828-6772 Fax 804-828-2521 OFFICE e-mail xxxxxx@VCU.EDU Personal e-mail xxxxxx@vcu.edu http://views.vcu.edu/ospa/ ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================