Effective: September 29, 2017
Latest Legislation: House Bill 49 - 132nd General Assembly
(A) As used in this section, "state college or university" means any state university or college defined in division (A)(1) of section 3345.12 of the Revised Code, and any other institution of higher education defined in division (A)(2) of that section.
(B) All rights to and interests in discoveries, inventions, or patents which result from research or investigation conducted in any experiment station, bureau, laboratory, research facility, or other facility of any state college or university, or by employees of any state college or university acting within the scope of their employment or with funding, equipment, or infrastructure provided by or through any state college or university, shall be the sole property of that college or university. No person, firm, association, corporation, or governmental agency which uses the facilities of such college or university in connection with such research or investigation and no faculty member, employee, or student of such college or university participating in or making such discoveries or inventions, shall have any rights to or interests in such discoveries or inventions, including income therefrom, except as may, by determination of the board of trustees of such college or university, be assigned, licensed, transferred, or paid to such persons or entities in accordance with division (C) of this section or in accordance with rules adopted under division (D) of this section.
(C) As may be determined from time to time by the board of trustees of any state college or university, the college or university may retain, assign, license, transfer, sell, or otherwise dispose of, in whole or in part and upon such terms as the board of trustees may direct, any and all rights to, interests in, or income from any such discoveries, inventions, or patents which the college or university owns or may acquire. Such dispositions may be to any individual, firm, association, corporation, or governmental agency, or to any faculty member, employee, or student of the college or university as the board of trustees may direct. Any and all income or proceeds derived or retained from such dispositions shall be applied to the general or special use of the college or university as determined by the board of trustees of such college or university.
(D)(1) Notwithstanding any provision of the Revised Code to the contrary, including but not limited to sections 102.03, 102.04, 2921.42, and 2921.43 of the Revised Code, the board of trustees of any state college or university shall adopt rules in accordance with section 111.15 of the Revised Code that set forth circumstances under which an employee of the college or university may solicit or accept, and under which a person may give or promise to give to such an employee, a financial interest in any firm, corporation, or other association to which the board has assigned, licensed, transferred, or sold the college or university's interests in its intellectual property, including discoveries or inventions made or created by that employee or in patents issued to that employee.
(2) Rules established under division (D)(1) of this section shall include the following:
(a) A requirement that each college or university employee disclose to the college or university board of trustees any financial interest the employee holds in a firm, corporation, or other association as described in division (D)(1) of this section;
(b) A requirement that all disclosures made under division (D)(2)(a) of this section are reviewed by officials designated by the college or university board of trustees. The officials designated under this division shall determine the information that shall be disclosed and safeguards that shall be applied in order to manage, reduce, or eliminate any actual or potential conflict of interest.
(c) A requirement that in implementing division (D) of this section all members of the college or university board of trustees shall be governed by Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.
(d) Guidelines to ensure that any financial interest held by any employee of the college or university does not result in misuse of the students, employees, or resources of the college or university for the benefit of the firm, corporation, or other association in which such interest is held or does not otherwise interfere with the duties and responsibilities of the employee who holds such an interest.
(3) Rules established under division (D)(1) of this section may include other provisions at the discretion of the college or university board of trustees.
(E) Notwithstanding division (D) of this section, the Ohio ethics commission retains authority to provide assistance to a college or university board of trustees in the implementation of division (D)(2) of this section and to address any matter that is outside the scope of the exception to division (B) of this section as set forth in division (D) of this section or as set forth in rules established under division (D) of this section.
Structure Ohio Revised Code
Title 33 | Education-Libraries
Chapter 3345 | State Universities - General Powers
Section 3345.01 | Tuition Charge for Nonresidents of Ohio.
Section 3345.011 | State University Definitions.
Section 3345.02 | Statement of Student Charges to Include List of Fees.
Section 3345.021 | Control of Use of College Facilities for Speaking Purposes.
Section 3345.022 | Group Legal Services Insurance Plan - Prepaid Legal Services Plan.
Section 3345.023 | Denial of Benefits to Religious Student Group Prohibited.
Section 3345.024 | Higher Education Costs and Postgraduate Outcomes Report.
Section 3345.025 | Textbook Selection Policy.
Section 3345.027 | Prohibition on Withholding Student Transcripts.
Section 3345.028 | Regular Coursework Additional Fee Prohibition.
Section 3345.0211 | Expressive Activities on Campus - Definitions, Supersession.
Section 3345.0212 | Noncommercial Expressive Activities on Campus.
Section 3345.0213 | Outdoor Campus Areas as Public Forums; No Free Speech Zones.
Section 3345.0215 | Campus Free Speech Policy.
Section 3345.03 | Audit of Accounts.
Section 3345.033 | Publication of Rules.
Section 3345.04 | State University Law Enforcement Officers.
Section 3345.06 | Entrance Requirements of High School Graduates - Core Curriculum.
Section 3345.061 | Sunset for State Operating Subsidies for Remedial Courses.
Section 3345.062 | University Remediation Report.
Section 3345.063 | Advanced Computer Science as Unit for Admission.
Section 3345.064 | In-State Resident Admissions at State Universities.
Section 3345.07 | Housing and Dining Facilities.
Section 3345.08 | Temporary Dwelling Accommodations.
Section 3345.09 | American Sign Language Recognized as Foreign Language - Courses.
Section 3345.10 | Competitive Bidding - Contracts for Printed Material.
Section 3345.11 | Auxiliary or Education Facilities.
Section 3345.12 | State University Additional Definitions - Issuance of Obligations.
Section 3345.122 | Immunity of Trustees From Civil Action.
Section 3345.13 | Duplication of Keys Prohibited.
Section 3345.15 | Attorney General to Be Attorney and Legal Advisor.
Section 3345.17 | Property Exempt From Taxation.
Section 3345.18 | Grant or Transfer of Lands by Boards of Trustees.
Section 3345.181 | Contracts or Leases to Mine Minerals.
Section 3345.19 | Anti-Hazing Policy.
Section 3345.201 | Purchase of Liability Insurance for Hospital Services.
Section 3345.202 | Board of Trustees May Provide Liability Insurance Coverage.
Section 3345.203 | Joint Self-Insurance Pool.
Section 3345.24 | Duty and Authority of College Administrators.
Section 3345.241 | Student Discipline Due Process Procedures.
Section 3345.25 | Dismissed or Suspended Person Not to Enter College Premises.
Section 3345.26 | Board of Trustees or President May Declare State of Emergency.
Section 3345.27 | Attendance by Senior Citizens.
Section 3345.28 | Faculty Improvement Program - Establishment and Administration.
Section 3345.29 | Office of Contract Compliance - Duties.
Section 3345.30 | Liability Insurance for Students.
Section 3345.31 | Boards of Trustees May Establish Compensation Plans.
Section 3345.311 | Excess Benefits Prohibited.
Section 3345.32 | Student Noncompliance With Selective Service Law.
Section 3345.33 | Removing Armed Forces Training Unit or Class.
Section 3345.34 | Student Trustee Not to Receive Special Treatment or Benefits.
Section 3345.35 | Course Evaluation Based on Enrollment and Duplication With Other Institutions.
Section 3345.351 | Review of Student Records for Associate Degree Eligibility.
Section 3345.36 | Establishment and Development of Entrepreneurial Projects.
Section 3345.37 | Policies Regarding Availability of Suicide Prevention Programs.
Section 3345.381 | Credit for Online Coursework.
Section 3345.39 | Report on Increased Auxiliary Fees.
Section 3345.40 | Limits on Damages for Wrongful Death or Injury to Person or Property.
Section 3345.41 | Warning Concerning Anabolic Steroids to Be Conspicuously Posted.
Section 3345.42 | Definitions.
Section 3345.422 | Priority Course Registration for Veterans.
Section 3345.423 | Appeals Process for Resolution of Disputes Over Credit for Military Experience.
Section 3345.46 | Overload Fees.
Section 3345.461 | Tuition and Fees for Online Courses.
Section 3345.47 | Requirements to Live in On-Campus Housing.
Section 3345.48 | Undergraduate Tuition Guarantee Program.
Section 3345.481 | Required Course Registration Accommodations.
Section 3345.49 | Rights of Student Who Is Victim of Dissemination of Image.
Section 3345.51 | Administration of Capital Facilities Project - State Appropriations Immaterial.
Section 3345.53 | Military Leave of Absence for Student on Active Duty.
Section 3345.54 | Conveyance of Auxiliary Facilities to Conduit Entity.
Section 3345.55 | Lease Agreements for Campus Housing Facilities.
Section 3345.56 | Student's Not Employee's Based Upon Athletic Participation.
Section 3345.57 | Paid Leave Donation Programs.
Section 3345.59 | Workforce Education and Efficiency Compacts.
Section 3345.61 | Energy Conservation Measures Definitions.
Section 3345.63 | Procedure for Contracts Other Than Installment Payment Contracts.
Section 3345.64 | Procedure for Installment Payment Contracts.
Section 3345.65 | Request for Proposals - Awarding of Contract.
Section 3345.66 | Issuance of Notes.
Section 3345.69 | Committee to Develop Guidelines for Energy Efficiency.
Section 3345.691 | Purchase of Biobased Products.
Section 3345.692 | Annual Reports on Purchases of Biobased Products.
Section 3345.70 | Powers and Duties of Board Where Fiscal Exigency Declared.
Section 3345.71 | Fiscal Watch Definitions.
Section 3345.72 | Rules for Fiscal Watches.
Section 3345.73 | Financial Indicators and Standards for Using Indicators.
Section 3345.74 | Determination That Appointment of Conservator Is Warranted.
Section 3345.75 | Appointment of Governance Authority.
Section 3345.76 | Termination of Governance Authority.
Section 3345.77 | Employment Contracts With President or Chief Executive Officer.
Section 3345.81 | Strategic Completion Plan.
Section 3345.82 | Electronic Attendance of Board of Trustees' Meetings.
Section 3345.85 | Meningitis and Hepatitis B Vaccination.
Section 3345.86 | Enrollment in Program to Earn High School Diploma.