Early in my presidency, we found ourselves unable to contract with a major regional industry because they would not accept indemnification of all risks. Now, in many ways, that was far too conservative on their part, but also too demanding on our part.
The research we were considering was basic research on semiconductor chip design. I asked that General Counsel develop the worst possible risk scenario they could imagine. The scenario was that a method we developed might be used, in part, to make a chip for a critical application like a self-driving car. If such a chip failed, resulting in a traffic death, the claimant might argue that we were responsible for the failure. I found this possibility so remote as to be laughable…I frankly was more worried that the company would never use our technology and seek help elsewhere!
Now, my attitude would be very different if were developing the formulation for an infant vitamin to be immediately put into a major market. My point is that universities must, at times (if allowed by Boards and state laws) accept some risk. And, while remaining careful about the nature of those risks…a president can use discretion and judgement and should do so to establish and sustain research relationships.
