From a June 23 message sent by Lorraine Haricombe, Dean of Libraries at the University of Kansas, to the ARL (Association of Research Libraries) Directors Discussion List:
Colleagues: I am pleased to inform you that the Faculty Senate has approved an Open Access Policy for KU at its final meeting on April 30, 2009. On May 19th and 22nd, respectively, the Provost and Chancellor approved the policy. The approval of this policy is significant in that it makes KU the first public university to pass such a faculty-initiated policy and puts KU faculty in the company of Harvard's Faculty of Arts and Sciences, Harvard's Law School, Harvard's John F. Kennedy School of Government, Stanford's School of Education, and most recently, the Massachusetts Institute of Technology [...]. These are all institutions whose faculties voted and approved policies very similar to the policy passed by our Faculty Senate.
Please note: The policy has been approved in concept, but the details have yet to be determined. Details of the policy implementation will be developed in the 2009-2010 academic year by a faculty senate task force. The KU Faculty Senate decided that additional details of the policy would be developed by faculty governance in consultation with the Provost's Office, to be voted on by the Faculty Senate in the coming academic year. Whatever implementation plan is created will provide faculty with an option to seek a waiver from the policy (to opt out). As such an implementation task force is being created to develop the policy details and provide a report during the 2009-2010 school year. The entire policy is included at the end of this message.
Open Access Policy at KU
"The faculty of the University of Kansas (KU) is committed to sharing the intellectual fruits of its research and scholarship as widely as possible and lowering barriers to its access. In recognition of that commitment and responsibility, the KU faculty is determined to take advantage of new technologies to increase access to its work by the citizens of Kansas and scholars, educators, and policymakers worldwide. In support of greater openness in scholarly endeavors, the KU faculty agrees to the following concept: Each faculty member grants to KU permission to make scholarly articles to which he or she made substantial intellectual contributions publicly available in the KU open access institutional repository, and to exercise the copyright in those articles. In legal terms, the permission granted by each faculty member is a nonexclusive, irrevocable, paid-up, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do the same, provided that the articles are not sold for a profit. This license in no way interferes with the rights of the KU faculty author as the copyright holder of the work. The policy will apply to all scholarly articles authored or co-authored while a faculty member of KU. Faculty will be afforded an opt out opportunity. Faculty governance in consultation with the Provost's office will develop the details of the policy which will be submitted for approval by the Faculty Senate."
Also, the week before, Harvard issued this press release (excerpted):
The faculty of the Harvard Graduate School of Education (HGSE) voted overwhelmingly at its last faculty meeting to allow the university to make all faculty members' scholarly articles publicly available online. The resolution makes HGSE the fourth of Harvard's 10 schools to endorse open access to faculty research publications. The Faculties of Arts and Sciences, the Harvard Law School, and the Harvard Kennedy School all passed similar policies in recent months.
As a result of the resolution, HGSE faculty will now provide their scholarly articles to the Harvard Office for Scholarly Communication for deposit in an open access digital repository that is currently under development. When the repository launches later this year, the contents will be freely available to the public, unless an author chooses to embargo or block access. The policy makes rights sharing with publishers and self-archiving the default, while allowing faculty to waive Harvard's license on a case-by-case basis, at the author's discretion.