Agenda and Item Summary
Educational
Policy Committee
Friday, June 16, 2000
11:45 a.m. - 1:00 p.m.
East Oval Room, The Rotunda
Committee
Members:
T. Keister Greer, Chair Walter F. Walker
Elsie Goodwyn Holland Joseph E. Wolfe
Stephen S. Phelan, Jr. John P. Ackerly, III, Ex Officio
Elizabeth A. Twohy
AGENDA
- CONSENT
AGENDA (Mr. Low)
- Conflict
of Interest Exemption (ERICA
Inc.) [5 min.]
-
REPORTS
BY THE VICE PRESIDENT AND PROVOST (Mr.
Low)
A. Vice
President’s Remarks
B. Faculty
Senate (Mr. Low to introduce Ms.
Werhane; Ms. Patricia Werhane to report)
[10 min.]
C.
Information
Technology:
Strategy for the Future (Mr. Low to Introduce
Ms. Jones; Ms. Anita Jones
to report) [30 min.]
D.
Blue Ribbon Commission Report
(Mr. Greer to report) [30 min.]
II.
FACULTY PERSONNEL ACTIONS*
*
For consideration in Executive Session
AGENDA ITEM SUMMARY
AGENDA
ITEM: I.A. Conflict of Interest Exemption
BACKGROUND:
The Curry School of Education has funding to study how students
with disabilities interact with certain technologies. The project
requires specialized hardware and software. ERICA Inc. is in a
unique position to provide both the hardware and the software.
The contract with ERICA Inc. would be for approximately $68,800.
DISCUSSION:
ERICA Inc. is a local, privately-owned company. Several of its
owners are University faculty members or University employees:
Thomas Hutchinson, Peter Beling, George Overstreet, Chris Lankford,
and K. Preston White, Jr. A contract between the University and
ERICA Inc. would place these faculty and employees in violation
of the Virginia Conflict of Interests Act unless the Board of
Visitors approves an exemption. State law grants to the Board
authority to approve an exemption in the case of sponsored research
that will further the public interest. If the exemption is approved,
the terms of the agreement with ERICA Inc. will be negotiated
by the Office of Sponsored Programs consistent with applicable
and usual requirements.
The
Deans of the School of Engineering and Applied Science, the McIntire
School of Commerce, and the Curry School of Education have reviewed
the situation and recommend approval of the exemption. The Deans
will provide appropriate supervision of the research project,
the contract with ERICA Inc., and the utilization of any University
resources in association with the contract.
ACTION
REQUIRED: Approval by the Educational Policy Committee and the
Board of Visitors
UNIVERSITY
OF VIRGINIA
FISCAL
IMPACT STATEMENT
PROJECT/PROPOSED
BOARD OF VISITORS ACTION: Approve a conflict of interest exemption
for ERICA Inc., a provider of specialized software and hardware
for educational purposes.
DESCRIPTION:
The Curry School of Education proposes to negotiate a contract
with ERICA Inc. to purchase computer software and hardware products
to be used to study how students with disabilities interact with
certain technologies. The ownership structure of ERICA Inc. would
place certain faculty members or other University employees in
violation of the Virginia Conflict of Interests Act unless the
Board of Visitors, under the provisions of the Act, granted an
exemption. Granting an exemption requires a decision by the Board
that the potential financial gains arising from such a contract
plus any intangible advantages outweighs the possible costs of
litigation, other expenses, and alternative uses of University
resources. The amount of the contract would be for approximately
$68,000.
FISCAL
IMPACT: Potential liability arising from this arrangement is negligible.
Any legal action arising from a breach of the Virginia Conflict
of Interests Act would be borne by the faculty member(s) individually,
not the University.
Products
developed by ERICA, Inc. are licensed through the Virginia Patent
Foundation, so a part of the income generated from this venture
will ultimately accrue to the University’s benefit.
CONCLUSION:
It is recommended that the proposed agreement between the University
and ERICA, Inc. be approved and that an exemption for this transaction
under the Conflict of Interests Act be granted.
RECOMMEND
APPROVAL OF BOARD ACTION:
AGENDA
ITEM: II.A. Vice President’s Remarks
DISCUSSION:
The Vice President and Provost will use this portion of the Educational
Policy Committee meeting to inform the Board of Visitors of recent
events of which the Board should be made aware.
ACTION
REQUIRED: None
AGENDA
ITEM: II.B. Faculty Senate
DISCUSSION:
The Vice President and Provost will introduce the Chair of the
Faculty Senate, Ms. Patricia Werhane, Ruffin Professor of Business
Ethics at the Darden School. Ms. Werhane will brief the Board
of Visitors on the Faculty Senate’s accomplishments for the
past academic year and its plans for the coming academic year.
ACTION
REQUIRED: None
AGENDA
ITEM: II.C. Information Technology: A Strategy For
the Future
DISCUSSION:
The Vice President and Provost will introduce the Chair of the
Science and Technology Planning Commission, Ms. Anita Jones, who
will present strategic options to the Board for future development
of information technology at the University.
ACTION
REQUIRED: None
AGENDA
ITEM: II.D. Blue Ribbon Commission Report
DISCUSSION:
Mr. Greer will report on recommendations in the final report by
the Commission as they relate to the responsibilities of the Board
of Visitors.
ACTION
REQUIRED: None
