Ohio Administrative Code › Title 3361:10 - University of Cincinnati › Chapter 3361:10-30 - Research › Section 3361:10-30-03 - Research: policy on sensitive but unclassified research

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose.
This rule describes the
				responsibilities of university of Cincinnati faculty and staff, students,
				volunteers, and visitors to comply with university policies and procedures and,
				as applicable, federal, state and local laws and regulations concerning
				activities involving the access, dissemination or storage of sensitive but
				unclassified information at the university, or with the direct or indirect use
				of university resources. Sensitive but unclassified information includes but is
				not limited to export-controlled information, controlled unclassified
				information (CUI), law enforcement sensitive (LES), sensitive homeland security
				information, sensitive security information (SSI), or critical infrastructure
				information (CII).
(B)
								Scope.
All university faculty, staff,
				students, volunteers, and visitors involved in the development, production,
				handling, and storage or use of sensitive but unclassified information and any
				related research, international travel, international collaboration, or
				proprietary work (collectively referred to herein after as "activities
				involving sensitive but unclassified information") at or on behalf of the
				university are subject to this rule. The policy excludes personal consulting
				activities under the existing rules and regulations of the university that do
				not involve the use of university facilities or resources and that are outside
				activities approved in accordance with university policy.
(C)
								Foundational principles.
The university of Cincinnati values the
				free dissemination of knowledge through education, publication, and other
				means. To the greatest extent possible, the university of Cincinnati seeks to
				ensure that research and other information developed is available to the public
				without restriction. There may be instances where government funded research or
				other university research may require protection of information, such as in the
				context of sensitive but unclassified information. The university of Cincinnati
				recognizes that there may be instances in which the expertise of the university
				and its facilities may be needed to meet sponsor or contract requirements and
				that such circumstances may justify a determination that the performance of
				activities involving sensitive but unclassified information is in the best
				interests of the university.
(D)
								Requirements for
			 approval of activities involving sensitive but unclassified information.
(1)
									Activities
			 involving sensitive but unclassified information require the approval of the
			 vice president for research. Such approval should be obtained prior to the
			 submission of a formal proposal to the potential sponsor where possible. In all
			 cases, however, approval is required before acceptance of the award by the
			 university. The vice president for research, in collaboration with the general
			 counsel and other appropriate university offices, shall establish procedures
			 setting out the process for vice president for research approval of activities
			 involving sensitive but unclassified information and any training or other
			 requirements for access and storage of sensitive but unclassified information
			 consistent with this board rule, applicable U.S. federal, state and local laws
			 and regulations, university policies and procedures, and the mission of the
			 university.
(2)
									Requests for approval of activities involving sensitive
			 but unclassified information will be submitted to the office of research with
			 the following information:
(a)
										Project title
(b)
										Names of
			 principal investigator and co-investigators
(c)
										The university of
			 Cincinnati location of the activity
(3)
									The following
			 factors should be considered in connection with a decision to approve of
			 activities involving sensitive but unclassified information:
(a)
										Whether the
			 individual undertaking the activity is appropriate, supported, and capable of
			 doing the proposed activity;
(b)
										Whether the
			 proposed activity is appropriate for the university and aligned with the
			 university's mission and values, appropriate mechanisms are in place to ensure
			 continued alignment with university mission and values throughout the course of
			 the project or activity, and necessary and comprehensive oversight and
			 management over the activity will remain in place to ensure compliance with
			 applicable policies, procedures, laws, and regulations;
(c)
										Whether the
			 university has the appropriate facilities and capabilities to undertake the
			 proposed activity in compliance with applicable policies, rules, laws and
			 regulations; and
(d)
										Whether the merits of the proposed activity and the
			 potential benefits outweigh the disadvantages and costs of engaging in
			 activities that involve compliance with applicable policies, rules, laws and
			 regulations.
(4)
									All proposed activities involving sensitive but
			 unclassified information shall be reviewed and approved by the appropriate
			 academic unit head prior to submission to the vice president for
			 research.
(5)
									Projects receiving continuation funds may require
			 further review and approval in accordance with a change in the scope of the
			 required security arrangements.