of Student Developed
Student Innovation | Ownership
Inventions at UM
Student Innovation | Introduction
Intro
FAQs
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Introduction
UM Patent Policy
Student Rights in an Invention
Who is Considered an “Employee”?
When are Students University “Employees”?
When Would the University Claim
Ownership?
Student Innovation | Introduction
Intro
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UM Patent Policy (CR&R 100.020)
The ownership of rights in inventions
developed by a student enrolled at a campus
of the University of Missouri System is
governed primarily by Collected Rule and
Regulation (“CR&R”) 100.020 – the “Patent
Policy.”
Student Innovation | Introduction
Intro
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UM Patent Policy (CR&R 100.020)
The information provided herein is designed
to assist with questions about intellectual
property for student-developed inventions,
but it is not a substitute for the University’s
Collected Rules & Regulations.
The Collected Rules & Regulations
supersede any interpretations given herein.
Student Innovation | Introduction
Intro
Ownership is governed by CR&R 100.020
FAQs
Students may be:
•
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Employees of the University
Student Innovation | Introduction
Intro
Ownership is governed by CR&R 100.020
FAQs
Students may be:
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•
•
Employees of the University
Non-employees of the University
• Class projects, student
competitions, extracurricular
activities, free time
Student Innovation | Introduction
Intro
Ownership is governed by CR&R 100.020
FAQs
Students may be:
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•
•
•
Employees of the University
Non-employees of the University
Graduate or undergraduate students
Student Innovation | Introduction
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Ownership is governed by CR&R 100.020
Co-ownership between the student and the
University would occur if a University
faculty member or other employee is a
named inventor along with a student.
Student Innovation | Introduction
Intro
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Ownership rights in inventions
developed by students
CR&R 100.020.C.2 and
100.020.D.6
Student Innovation | Introduction
Intro
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Ownership rights in inventions
Students will be entitled to own
any Invention or Plant Variety
made during their enrollment
as a student of the University
except when the student meets
the definition of “Employee” and
the invention or plant variety was
developed in the course of the
student-employee’s service to the
University.
Student Innovation | Introduction
Intro
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Who is considered an “Employee”
under the University’s Patent Policy
CR&R 100.020.C.2?
Student Innovation | Introduction
Intro
Under UM Patent Policy CR&R
100.020.C2, “Employee” shall mean:
FAQs
1. Any person receiving compensation
from the University for services
rendered, regardless of whether the
employee be full-time or part-time,
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or
Student Innovation | Introduction
Intro
Under UM Patent Policy CR&R
100.020.C2, “Employee” shall mean:
FAQs
2. Any person receiving compensation
paid through the University from any
funds in its hand for distribution,
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or
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Student Innovation | Introduction
Intro
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Under UM Patent Policy CR&R
100.020.C2, “Employee” shall mean:
3. Any person that has voluntarily elected
to enter into a written agreement with
the University in exchange for the
University’s agreement to treat such
person as an “Employee” for purposes of
this policy.
Student Innovation | Introduction
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Under UM Patent Policy, compensation is
key to determining whether an individual
is an “Employee.”
So, as it relates to students, what is
considered compensation?
Student Innovation | Introduction
Intro
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•
Compensation does not include student
financial aid including, but not limited to,
scholarships, grants, loans, tuition waivers
and educational fee reductions generally
available to University students and
unrelated to any provision of services by
the student to the University.
Student Innovation | Introduction
Intro
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•
Compensation does include the receipt of
a stipend for performing research, working
in a laboratory, or creating computer
software.
Student Innovation | Introduction
Intro
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•
Students receiving compensation for
services rendered to the University that are
unrelated to research, investigation
or the creation of computer
software are not “Employees.”
Student Innovation | Introduction
Intro
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The University will not claim ownership when:
•
The Invention or Plant Variety was
developed by a student as part of a
University class project using no greater
University resources that those generally
available to all other students within the
class or than those available to the
student as part of his/her enrollment with
the University.
Student Innovation | Introduction
Intro
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The University will not claim ownership when:
•
The Invention or Plant Variety was
developed by a student as part of a
University approved student competition
using no greater resources than those
generally available to all other students
within the competition or than those
available to the student as part of his/her
enrollment with the University.
Prize ≠ Compensation
Student Innovation | Introduction
Intro
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The University will not claim ownership when:
•
The Invention or Plant Variety was
developed by a student as part of a
University approved extracurricular
activity using no greater resources than
those generally available to all other
students participating in the activity or
than those available to the student as
part of his/her enrollment with the
University.
Student Innovation | Introduction
Intro
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The University will not claim ownership when:
•
The Invention or Plant Variety was
developed by a student on his/her own
free time, outside of any University
class or sponsored activity, and using
no greater University resources than
those generally available to all other
students as part of their enrollment with
the University.
Student Innovation | FAQs
Intro
FAQs
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Frequently Asked Questions
Class Projects
Extracurricular Activities
Assigning to the University
Determining Ownership
Student Innovation | FAQs
Intro
FAQs
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Frequently Asked Questions
Class Projects
Extracurricular Activities
Assigning to the University
Determining Ownership
Student Innovation | FAQs
Intro
FAQs
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QUESTION
Who owns an invention that a student develops
in a for-credit course that the student is taking?
Student Innovation | FAQs
Intro
FAQs
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ANSWER
Unless otherwise agreed to in writing, the
intellectual property associated with that
invention belongs to the student.
This is the case no matter who paid for the
course (e.g., the student received a scholarship
for the course).
Student Innovation | FAQs
QUESTION
Intro
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Who owns the invention if an unpaid graduate
student develops it as part of a thesis or a forcredit seminar having a research component?
Student Innovation | FAQs
ANSWER
Intro
FAQs
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Unless otherwise agreed to in writing, the
intellectual property associated with that
invention belongs to the student.
This is the case no matter who paid for the
course (e.g., the student received a scholarship
for the course).
Student Innovation | FAQs
QUESTION
Intro
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{
Capstone courses or other real-world
classroom experiential opportunities
Who owns an invention developed as part of a
for-credit course involving a project that is either:
> Externally Sponsored, for example…
•
•
a project involving a problem submitted by a
company that includes confidential info, or
a project funded by a company that wants to
own or license the resulting IP
> or Internally Funded by the University?
Student Innovation | FAQs
ANSWER
Intro
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Absent other facts (e.g., a written agreement to
the contrary), the student owns the IP.
•
•
Students are not required to/have a choice
whether to participate in a project or activity that
requires licensing or assignment of his/her IP to
the University or an outside party.
A student’s grade and/or evaluations of
performance in the course will not be affected by
the student’s decision.
Student Innovation | FAQs
QUESTION
Intro
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What should a student/faculty member do if a
sponsor asks the student to sign a nondisclosure and/or non-compete agreement?
Student Innovation | FAQs
ANSWER
Intro
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> Students should carefully review the terms of
any agreement prior to signing and may want to
seek legal advice.
> Faculty members are encouraged, but not
obligated, to refrain from permitting an external
sponsor to ask students to sign over-reaching
NDAs or non-compete provisions.
Student Innovation | FAQs
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FAQs
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Frequently Asked Questions
Class Projects
Extracurricular Activities
Student Innovation | FAQs
QUESTION
Intro
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An invention is developed by a student who
works on a project to gain “real-world”
experience:
•
•
•
•
In a University lab
Without compensation
Outside of the classroom (extracurricular)
On his/her own free time
Who owns the invention?
Student Innovation | FAQs
ANSWER
Intro
FAQs
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Unless there is a written agreement to the
contrary, the student owns the invention.
If the student is paid for the work involving
research or investigation or the creation of
computer software, the student is an
“Employee” and the University may assert
ownership.
Student Innovation | FAQs
QUESTION
Intro
FAQs
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What happens if a student works in a University
laboratory outside of class on his/her own free
time to gain “real-world” experience and
develops an invention, but the research being
performed in the lab is federally funded?
Student Innovation | FAQs
ANSWER
Intro
FAQs
The faculty member should either:
•
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Ensure all students working on the research are
paid such that they are “Employees” and will be
required to assign their rights to the University, or
•
Ensure that any unpaid students enter into a
written agreement with the University to be treated
as an “Employee.”
Student Innovation | FAQs
QUESTION
Intro
FAQs
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What happens if a student works in a University
laboratory outside of class on his/her own free
time to gain “real-world” experience and
develops an invention, but the research being
performed in the lab is funded by an industry
sponsor?
Student Innovation | FAQs
ANSWER
Intro
FAQs
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Because the typical industry sponsored research
agreement requires the University to grant
certain IP rights to the sponsor, unpaid students
should not work on such research without
proper agreements in place.
Student Innovation | FAQs
QUESTION
Intro
FAQs
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How should faculty members ensure that the
University owns any inventions developed as part
of government-funded or industry-sponsored
research if a student works in the lab to gain
“real-world” experience?
Student Innovation | FAQs
ANSWER
Intro
FAQs
The faculty member should either:
•
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Ensure all students working on the research are
paid such that they are “Employees” and will be
required to assign their rights to the University, or
•
Ensure that any unpaid students enter into a
written agreement with the University to be treated
as an “Employee.”
Student Innovation | FAQs
Intro
FAQs
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Frequently Asked Questions
Class Projects
Extracurricular Activities
Assigning to the University
Determining Ownership
Student Innovation | FAQs
QUESTION
Intro
FAQs
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If a student develops an invention that he/she
owns, can the student voluntarily assign his/her
rights to the University and be treated like an
Employee?
Student Innovation | FAQs
ANSWER
Intro
FAQs
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Yes. However, the University has the sole
discretion to decide whether to accept such
assignment.
Student Innovation | FAQs
Intro
FAQs
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Frequently Asked Questions
Class Projects
Extracurricular Activities
Assigning to the University
Determining Ownership
Student Innovation | FAQs
QUESTION
Intro
FAQs
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Who decides whether the University will assert
ownership in a student-developed invention?
Student Innovation | FAQs
ANSWER
Intro
FAQs
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The University’s current practice is to vest this
determination with the UM System Executive
Vice President for Academic Affairs (EVPAA).
•
The EVPAA considers the recommendation from
the Director of the campus TTO.
•
The campus TTO makes an initial ownership
determination. If the TTO and student agree as to
the ownership, a request for approval is sent to the
EVPAA.
Student Innovation | FAQs
ANSWER
Intro
FAQs
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However, in the event of an ownership dispute,
the matter will be referred as shown on the
following slide.
Student Innovation | FAQs
Campus
TTO
If agreement is not reached, the matter will be
referred to the Patent Administrator
Patent
Administrator
If agreement is not reached, the matter will be
referred to the Patent Committee
Patent
Committee
The Patent Committee will make a
recommendation to the UM President
President
The University of Missouri System President will
make the final determination.
Student Innovation | FAQs
QUESTION
Intro
FAQs
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How can a request be made for the University to
make an express determination that it will not
assert ownership in an invention developed by a
student?
Student Innovation | FAQs
ANSWER
Intro
FAQs
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The student may fill out a request form that is
available from the campus technology
transfer office (TTO).
Student Innovation | Test Your Knowledge
Intro
FAQs
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It’s Time to
Test Your
Knowledge!
Student Innovation | Test Your Knowledge
Question 1
Intro
FAQs
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Knowledge
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Info
A STUDENT and a RESIDENT ADVISOR (a student who is
paid by the University) jointly invent a new bunk bed design
working in the STUDENT’S dorm.
Who owns the invention?
A
B
C
D
The
STUDENT
only
The
STUDENT
& the
RESIDENT
ADVISOR
The
UNIVERSITY
The
UNIVERSITY,
STUDENT &
RESIDENT
ADVISOR
Student Innovation | Test Your Knowledge
Answer 1
Intro
FAQs
Test Your
Knowledge
For More
Info
A STUDENT and a RESIDENT ADVISOR (a student who is
paid by the University) jointly invent a new bunk bed design
working in the STUDENT’S dorm.
Who owns the invention?
A
B
C
D
The
STUDENT
only
The
STUDENT
& the
RESIDENT
ADVISOR
The
UNIVERSITY
The
UNIVERSITY,
STUDENT &
RESIDENT
ADVISOR
Student Innovation | Test Your Knowledge
Question 2
Intro
FAQs
Test Your
Knowledge
As part of a medicinal chemistry lab course, a STUDENT
independently creates a novel chemical compound useful in
treating Multiple Sclerosis.
The STUDENT’s research is not directed by his medicinal
chemistry PROFESSOR. However, sometimes the STUDENT
seeks guidance from this PROFESSOR, who does research in
that area, in connection with research methodology.
Who owns the invention?
For More
Info
A
B
C
D
E
The
STUDENT
The
STUDENT
and the
PROFESSOR
The
UNIVERSITY
The
UNIVERSITY
and the
STUDENT
None of
these
answers is
correct
Student Innovation | Test Your Knowledge
Answer 2
Intro
FAQs
Test Your
Knowledge
As part of a medicinal chemistry lab course, a STUDENT
independently creates a novel chemical compound useful in
treating Multiple Sclerosis.
The STUDENT’s research is not directed by his medicinal
chemistry PROFESSOR. However, sometimes the STUDENT
seeks guidance from this PROFESSOR, who does research in
that area, in connection with research methodology.
Who owns the invention?
For More
Info
A
B
C
D
E
The
STUDENT
The
STUDENT
and the
PROFESSOR
The
UNIVERSITY
The
UNIVERSITY
and the
STUDENT
None of
these
answers is
correct
Student Innovation | Test Your Knowledge
Question 3
Intro
FAQs
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Knowledge
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Info
As a result of a medicinal chemistry lab course, a STUDENT
and her medicinal chemistry PROFESSOR, who does
research in that area, jointly invent a novel chemical
compound useful in treating a herpes virus.
Who owns the invention?
A
B
C
D
E
The
STUDENT
The
STUDENT
and the
PROFESSOR
The
UNIVERSITY
The
UNIVERSITY
and the
STUDENT
None of
these
answers is
correct
Student Innovation | Test Your Knowledge
Answer 3
Intro
FAQs
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Knowledge
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Info
As a result of a medicinal chemistry lab course, a
STUDENT and their medicinal chemistry PROFESSOR,
who does research in that area, jointly invent a novel
chemical compound useful in treating a herpes virus.
Who owns the invention?
A
B
C
D
E
The
STUDENT
The
STUDENT
and the
PROFESSOR
The
UNIVERSITY
The
UNIVERSITY
and the
STUDENT
None of
these
answers is
correct
Student Innovation | Test Your Knowledge
Question 4
Intro
FAQs
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Knowledge
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Info
A STUDENT is enrolled in an engineering capstone class.
Company ABC wants the students in that class to develop
and test a new concrete formula. Company ABC provides
$50k to the University to help develop the formula under
an agreement with the University.
What should the faculty member do?
A
B
C
D
Contact the
campus TTO
as early as
possible
Give all students
enrolled in the
capstone class
the option to
participate either
in Company ABC’s
project or in
another project
Obtain written
agreements from
all students
participating in
Company ABC’s
project regarding
invention
ownership
All of these
answers are
correct
Student Innovation | Test Your Knowledge
Answer 4
Intro
FAQs
Test Your
Knowledge
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Info
A STUDENT is enrolled in an engineering capstone class.
Company ABC wants the students in that class to develop
and test a new concrete formula. Company ABC provides
$50k to the University to help develop the formula under
an agreement with the University.
What should the faculty member do?
A
B
C
D
Contact the
campus TTO
as early as
possible
Give all students
enrolled in the
capstone class
the option to
participate either
in Company ABC’s
project or in
another project
Obtain written
agreements from
all students
participating in
Company ABC’s
project regarding
invention
ownership
All of these
answers
are correct
Student Innovation | Test Your Knowledge
Question 5
Intro
FAQs
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Knowledge
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Info
A FACULTY MEMBER is synthesizing new chemical
compounds for treating Multiple Sclerosis with funding
from the NIH. The FACULTY MEMBER invites an
undergraduate STUDENT to observe and work on the
project outside of class.
What should the faculty member do?
A
B
C
D
Have the
University
hire the
STUDENT to
perform the
research
Obtain a written
agreement from
the STUDENT so
that the STUDENT
is treated like an
“Employee” under
the Patent Policy
Neither
answer A nor
answer B
Either
answer A or
answer B
Student Innovation | Test Your Knowledge
Answer 5
Intro
FAQs
Test Your
Knowledge
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Info
A FACULTY MEMBER is synthesizing new chemical
compounds for treating Multiple Sclerosis with funding
from the NIH. The FACULTY MEMBER invites an
undergraduate STUDENT to observe and work on the
project outside of class.
What should the faculty member do?
A
B
C
D
Have the
University
hire the
STUDENT to
perform the
research
Obtain a written
agreement from
the STUDENT so
that the STUDENT
is treated like an
“Employee” under
the Patent Policy
Neither
answer A nor
answer B
Either
answer A or
answer B
Student Innovation | For More Information
Intro
FAQs
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Knowledge
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Info
For More Information
Campus Technology Transfer Offices (TTOs)
Links to More Information
Student Innovation | For More Information
Campus Technology Transfer Offices (TTOs)
Intro
FAQs
Test Your
Knowledge
For More
Info
University of Missouri–Columbia
Office of Technology Management & Industry
Relations
1601 S. Providence Road, suite 124
Columbia, MO 65211
Director: Chris Fender fenderc@missouri.edu
Missouri University of Science & Technology
Office of Technology Transfer and Economic
Development
900 Innovation Drive, Suite 145
Rolla, MO 6540
Director: Keith Strassner kdstrass@mst.edu
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Campus Technology Transfer Offices (TTOs)
Intro
FAQs
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Knowledge
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Info
University of Missouri–Kansas City
Office of Technology Transfer
4747 Troost Ave., Room 120
Kansas City, MO 64110
Director: James Brazeal brazealj@umkc.edu
University of Missouri–St. Louis
Office of Technology Transfer and Economic
Development
341 Woods Hall, 1 University Blvd.
St. Louis, MO 63121
Director: Tamara Wilgers wilgerst@umsl.edu
Student Innovation | For More Information
Intro
FAQs
Test Your
Knowledge
For More
Info
Links to More Information
> UM Patent Policy
umsystem.edu/ums/rules/collected_rules/business/ch1
00/100.020_patent_and_plant_variety_regulations
> IP Ownership Guidelines and FAQs
umsystem.edu/ums/aa/oipa/studentip-faqs
Thank You!
NOTE: The information provided herein is designed to assist with questions about intellectual
property for student-developed inventions but it is not a substitute for the university’s Collected
Rules & Regulations. The Collected Rules & Regulations supersedes any interpretations given
herein.
University of Missouri System
Columbia | Kansas City | Rolla | St. Louis