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Term
Substantial Use
Definition
Substantial use of institutional resources is a provision in the APSCUF CBA and only applies to faculty of PASSHE Universities. The term has no applicability to other employees or to students or to non-employees. It means that for the project that produced the Intellectual Property the faculty member/creator received staff, salary or material support beyond that normally provided to the creator (i.e. faculty) at the University. For operational purposes it is defined identically to that of Paragraph C. 4. of Article 39 of the APSCUF CBA. It is reproduced here for completeness.
Use of University resources/support/facilities will be considered substantial if the use of such resources/support/facilities is important to the creation of Intellectual Property and the University aid exceeds a cumulative total of $40,000
per project, for any combination of the items listed below over a three-year period. Examples of such support items include but are not limited to the following:
Alternate assignment, and/or special assignment for a specific project or task.
Use of University funds designated for a specific project or task.
Use of University-owned, administered, leased equipment, facilities, materials or technological information.
Support provided by other public or private organizations when it is arranged, administered, or controlled by the University.
Assistance of one or more University employees or students, or others who are assigned to the project or task.
Examples of such support to not include the following:
Mere incidental use of University resources/support/facilities.
Normal academic use of facilities commonly available to faculty members, staff, or the public, such as libraries, offices, office equipment, or internet services.
Use of university sabbatical leave unless there was substantial use of University resources/support/facilities as defined above.
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Created at 1/25/2010 9:07 AM by Fetrow, John
Last modified at 11/12/2012 9:41 AM by Pfister, Eric
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