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Wisconsin Administrative Rules and Statutes Applicable to Relationships Between Faculty and Spin-Offs By: Lisa A. Wilson University Legal Counsel University.

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Presentation on theme: "Wisconsin Administrative Rules and Statutes Applicable to Relationships Between Faculty and Spin-Offs By: Lisa A. Wilson University Legal Counsel University."— Presentation transcript:

1 Wisconsin Administrative Rules and Statutes Applicable to Relationships Between Faculty and Spin-Offs By: Lisa A. Wilson University Legal Counsel University of Wisconsin-Madison

2 UWS 8.025 Free to engage in outside activity unless it conflicts with public responsibilities to the University Must report the following outside activities to dean, director, other admin: Associations with organizations related to field of academic interest Private relationship with non-governmental sponsor of your research Remunerative outside activities in field of academic interest and whether $5,000 or more in a year

3 Section 19.45 May not use public position to obtain anything of substantial value for private benefit of the employee, his/her immediate family, or for an organization with which s/he is associated May not use or disclose private information gained in course of public position in a way that results in receipt of anything of value for the employee, his/her family, or another person

4 Section Two relevant parts to the statute and an “exception” for agreements related to university research Requires approval of proposed contract by Board of Regents if dollar amount exceeds $250K over a 24 month period

5 Section 946.13(1)(a) A person violates s. 946.13(1)(a) if s/he:
Negotiates, bids or enters into the contract in a private capacity; Has a direct or indirect pecuniary interest in the contract; and Is authorized or required in his/her public capacity to: Participate in the making of the contract, or Perform some act with regard to the contract requiring the exercise of discretion on his/her part.

6 Section 946.13(1)(b) A person violates s. 946.13(1)(b) if s/he:
Has a direct or indirect private pecuniary interest in a contract, and In his/her public capacity either: Participates in the making of the contract, or Performs in regard to the contract some function requiring the exercise of discretion on his/her part.

7 “Research Company” An entity engaged in commercial activity that is related to research conducted by an employee or office of the University of Wisconsin System or to a product of such research

8 Exception to s (1) Neither (1)(a) nor (1)(b) apply to a contract between a research company and an institution within UW System if: The contract is approved by an employee of the institution responsible for managing COIs, and Either of the following is true: The contract requires less than $250K in payments over 24-month period, or Contract submitted to BOR and within 45 days the BOR does not notify institution that entering into the agreement would constitute a violation of (1).

9 Proposed Changes to s Neither (1)(a) nor (1)(b) apply to a contract between a research company and UW-Madison if: The contract is approved by an employee of UW-Madison responsible for managing COIs, and Either of the following is true: The contract requires less than $250K in payments over 24-month period, or Contract submitted to Board of Trustees and within 45 days the BOT determines that the agreement benefits the state and any COIs are managed by UW-Madison


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