Many faculty, senior researchers, and others with Permitted Time engage in consulting as an Outside Professional Activity. So that you can continue to pursue the free and open publication, presentation, or discussion of your MIT research results in addition to your consulting work, carefully review consulting agreements before signing.
Consulting Agreements
Your activities as a consultant should remain sufficiently Separate and Distinct from your MIT research activities to protect against introduction of bias into your research and potential IP issues. Specifically, the scope of the engagement should be Separate and Distinct from the scope of research commitments at the Institute.
- Be aware of broad language commonly used in template consulting agreements asking you to help the company with “research in the field of genomics” or “research areas of interest to the company.”
- Be specific about your deliverables. The agreement should articulate well-defined deliverables articulated in the Statement of Work.
Consulting Rider
Consider appending the consulting rider [DOCX], developed with the help of MIT’s Office of General Counsel (OGC), to your consulting agreement. The consulting rider is optional, but recommended. A more detailed explanation of the rider and its provisions is at the OGC website.
Negotiations
MIT does not negotiate any consulting agreements on behalf of any faculty, researcher or staff member.
- Agreements supporting an outside professional activity are entered into on behalf of the individual, not on behalf of MIT.
- MIT is not a party to these agreements.
Individuals wishing to consult are encouraged to seek their own outside legal counsel before entering into these agreements.
Publishing Opinions
When consulting, you should:
- Clarify that opinions you express in work prepared in the course of any consulting or other external engagements are your own, are not official positions or endorsements of MIT, and do not represent your MIT research.
- Publicly disclose any authorship or speaking activities resulting from Outside Professional Activities like consulting. For example, Dr./Professor [NAME]’s contribution to this publication/speaking event was as a paid consultant/representative of an external entity, and is not related to his/her MIT duties or responsibilities.
FAQs
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No, MIT will not negotiate any consulting agreements on behalf of any faculty, student, or staff member. It is advisable to hire outside counsel to review your consulting agreement and/or to use the consulting rider [DOCX] to protect your interests as an MIT employee and researcher. Note: The consulting rider is provided as a helpful resource and is not intended to replace legal advice regarding your consulting agreement.
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No. Individuals may only enter into a consulting agreement on their own behalf. Consulting arrangements do not establish a collaboration between MIT and another institution. If you are interested in establishing a formal collaboration between MIT and another institution, please contact your Contract Administrator (CA) in RAS.
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Research Affiliate and Visiting Scientist appointments must not be a deliverable of your consulting agreement. If there is a need for such an appointment in the course of your institutional responsibilities, it must go through the appropriate review and approval of your DLCI.
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MIT equipment and property are used to support MIT research activities, not your consulting deliverables. The only exception to this may be if there is an MIT core facility charging for its services or lab equipment which is set up as a fee-for-service, in which case all applicable policies and procedures must be followed, including the approval of your department head and the head of the facility.
Still have questions? Contact your DLCI head or the COI Officer (coi-help@mit.edu).