Revised Proposal Presented to Faculty Senate for Comment by Vice President for Research Kelvin Droegemeier (April 2012)
(See
April 9, 2012 Faculty Senate Journal: http://www.ou.edu/admin/facsen/minutes/412jrn.htm)
POLICY
REGARDING CONFLICTS OF INTEREST
University
of Oklahoma, Norman Campus
I. STATEMENT OF GENERAL POLICY
II. GOVERNING AUTHORITY
III. IDENTIFYING CONFLICTS OF INTEREST
IV. DISCLOSING CONFLICTS OF INTEREST
V. ELIMINATING, MITIGATING, OR MANAGING
CONFLICTS OF INTEREST
VI. SANCTIONS
VII. APPENDICES
I. STATEMENT OF GENERAL POLICY
The
University of Oklahoma is a public institution committed to the mission of
teaching; research and creative/scholarly activity; professional and University
service; and public outreach. To these
ends, the University strives to maintain an atmosphere that promotes free,
open, and objective scholarly inquiry and compatible professional interactions
while recognizing its obligations and limitations as a public institution.
Conflicts
of interest[1]
are not uncommon in a modern university. The University actively recruits and
recognizes individuals with creative abilities who can contribute to
interactions not only in the classroom and laboratory but also in the business
community. There exist many opportunities to develop relationships with
external organizations, public and private, that enhance one's professional
competency, render valuable service to the community, and benefit the
University. Such interactions and relationships can create conflicts of
commitment or interest that must be governed in a manner consistent with
institutional and public values. The existence of a conflict is often not
clear-cut; however, an undisclosed or unmanaged conflict can irreparably damage
reputations that may have taken a lifetime to establish, and thus impair the
University’s standing. Accordingly, University Employees must be watchful that
their relationships and activities do not create, or appear to create,
unmanageable conflicts.
A
Conflict of Interest refers to situations in which financial or other personal
considerations may compromise an Employee's professional judgment in carrying
out his/her University responsibilities that include but are not limited to
teaching, research, service, contract administration, and purchasing. When used in this policy, the term Conflict
of Interest (“Conflict”) means (1) an actual conflict of interest exists, or
(2) the potential exists for a conflict of interest to occur, or (3) there
appears to be a conflict of interest; i.e., if made public, it could discredit
the Employee or the University. The term also includes a Conflict of
Commitment. Employees are expected to
know and comply with the applicable laws and policies related to their
appointment as University/State Employees.
The
purpose of this policy is to provide procedures and guidance for identifying,
disclosing, and managing Conflicts of Interest to assure that such Conflicts do
not improperly affect the activities or professional conduct of the University
or its Employees. Appropriate
disclosure, review, and management provide protection from legal liability and
ethical criticism for Employees and the University.
See
Appendix A for Definitions (capitalized terms) used throughout this policy.
II. GOVERNING AUTHORITY
Governing
authority for this policy is derived from State and federal laws, rules, and
regulations as well as the policies of the University of Oklahoma Board of
Regents. This policy overlaps with, but does not replace, University Employee
responsibilities, under such governing authority which, in some instances, will
include additional prohibitions, penalties, and reporting duties. Compliance with State and federal laws,
rules, and regulations does not necessarily eliminate or provide suitable management
of a Conflict, which still must be addressed in accordance with this policy.
Unless
disclosed and approved, or otherwise permitted by law or University policy,
University Employees may not:
A.
Disclose
confidential and/or proprietary information acquired through their University
employment to anyone not entitled to receive it, nor use such information for
personal gain or benefit; e.g., providing a Company with early or exclusive
access to Research results, except in compliance with a sponsored research
agreement or grant;
A.
Use
their University position to obtain special privileges or compensation;
A.
Knowingly
seek or accept anything of value intended to or that may be perceived to affect
their judgment in the performance of their University responsibilities;
D. Have any interests, engage in any business
or professional activities, or incur any obligations that conflict, or appear
to conflict, with the performance of their University duties in the absence of
guidelines or a management plan that mitigates any real or perceived conflict;
E. Influence or appear to influence
University financial, Research, or other decisions for procuring materials or
services from Companies in ways that lead or may lead to personal gain for
themselves or their Families;
F. Use their University position to market or
endorse the goods or services of a Company; or
G. Participate in Research or technology
transfer activities that compromise or appear to compromise objectivity and
judgment in the design, conduct, or reporting of the Research.
Nothing
in this policy prohibits any academic or administrative unit from establishing
supplementary Conflicts of Interest policies and/or procedures that are more
restrictive than those included in this policy.
See
Appendices A, B, C, D, and H for select references to governing authority and
policies.
III. IDENTIFYING
CONFLICTS OF INTEREST
Identification and disclosure of Conflicts of Interest
can protect the Employee and the University from damage to reputations and
professional activities. Employees may contact their supervisor, Appropriate
Vice President, or the Office of Legal Counsel with questions regarding
Conflicts.
The conditions, circumstances, and
relationships described in this section could result in
Conflicts. Each Employee is required to
identify and disclose all Conflicts relating to, but not limited to, each of
the categories below.
A. FINANCIAL
CONFLICTS OF INTEREST
Although most disclosures of Financial
Interests will probably be deemed de minimis
Conflicts, Financial Interests above certain
thresholds will automatically be deemed by
law or regulation to be Significant Financial Interests and will require closer
scrutiny, and possible elimination, mitigation, and/or management. The
thresholds are as follows:
1. Interests that when aggregated over the
next twelve months for the Employee and the Employee's spouse/domestic partner
and children, meet either of the following tests:
(a) Exceeds $5,000 in value as determined
through reference to public prices or other reasonable measures of fair market
value, or
(b) Represents more than a five percent
ownership interest in any single entity.
2. Interests that exceed $1,000 in dividends
or similar interests derived during the preceding calendar year.
3. Interests that involve the ownership or
promise of stock or stock options or similar interests of any amount in a
Company in which the University owns equity or was created by virtue of
University-developed technology.
4. Annual income for professional or
consulting activity from a Company in excess of 25% of the Employee's
Institutional Base Salary.
Some outside financial activities, such as
ownership of shares in a mutual fund or an ownership interest in a family or
other business that (1) has no business relationship to the University and (2)
is engaged in activities that are unrelated to the employee’s academic or
professional duties, do not fall within these thresholds.
B. USE OF UNIVERSITY RESOURCES
University Resources are acquired and
maintained to carry out the education, research, and public service missions of
the University. Except for insignificant and incidental use, an Employee may
not use University Resources for personal, non-public or non-University
purposes, with the exception of specific non-university purposes that have been
determined through a documented process to be within the University’s mission
and to the institution’s benefit by the appropriate Vice President. If a
question arises regarding what constitutes other than insignificant and
incidental use, the Employee should consult a supervisor for clarification.
Many conflicts of interest in using University Resources, particularly those
relating to private companies in which a faculty member is involved, can be
resolved.
1. Facilities, Equipment, Real and Personal Property. Employees using University facilities are required to comply with the University's Facility Use policy (see http://www.ou.edu/contracts/ou-facility-use-policy-2002.pdf and Faculty Handbook 3.27.2(H)). In keeping with State of Oklahoma constitutional provisions and subject to applicable law and all pertinent University policies, rules, and regulations, a private business may access University R&D facilities if the University, acting through its appropriate officers and employees (e.g., Department Head, Dean having oversight responsibility for programs taking place in the facility, Executive Director of Research Services, etc.), determines, in its sole and absolute discretion, that: (i) pursuant to written agreement, the private business is involved in a collaborative project with the University involving University faculty or student collaborators or University technology; (ii) the private business provides sufficient legal and financial consideration for such use (material and substantial economic benefit to the state and/or University, can be a factor); (iii) the results of the collaboration have potential economic value for the parties; (iv) the facilities and their use by the private business participating in the collaborative project are suitable to the origination, nature, and purposes of the facility, in the University’s sole and absolute discretion; and, (v) such access would materially benefit the University and/or further one or more of the University’s missions. In the case of research facilities, the ORS is responsible for the negotiation and authorization of such use through Facilities Use Agreements (FUA). Such agreements are annually renewable. See also Section III. F.7 of this policy. The OSP is responsible for OCCE facilities use. Use of University facilities for non-research purposes will be negotiated and authorized by the Appropriate Vice President.
2. Intellectual Property issues are managed under the University's
Intellectual Property Policy found in the Faculty Handbook (3.27), the Staff Handbook (3.14), and the OU
Regents Policy Manual (3.1.8).
3. Human Resources. Human resources must not
be exploited in the course of an Employee's activities. Human resources include
students, postdoctoral fellows, residents, faculty, and staff. It is
especially important to be alert for the misuse of human resources since it
often results from innocent or unconscious action.
C. USE OF OFFICIAL POSITION
State law prohibits any state officers or
state Employees from using their official positions to obtain private benefits
or to solicit or secure special privileges, exemptions,
or compensation for themselves or others, except as allowed by law.
For example, University Employees:
1.
Must ensure that time and effort spent on outside speaking, consulting,
and other activities do not conflict with or affect the performance of their
University responsibilities and are reported as appropriate under the Senior
Vice President and Provost’s Disclosure of Outside Employment and Extra
Compensation policy. See Conflict of Commitment (Section III.D).
2. May not use their official University
position or the University's name for personal gain or private purposes for
themselves or their Families.
3. May not use their official position to
market, promote, or endorse the goods or services of any Company.
4. May not market, promote, or endorse goods
or services in a manner that could be perceived by the public as the
University's marketing, promoting, or endorsing those goods or services.
5. May not contract for services or purchases
with their Families or with companies owned in whole or in part by themselves
or their Families. Provided, however, exceptions may be granted in unusual
circumstances if approved in advance by the Appropriate Vice President and are
subject to University Purchasing rules. Requests for an exception must contain
a detailed description of the proposed activity and a compelling justification
for the provision of services or products by the Employee's Family or related
Company. The relationship between the Employee and Family or Company must
clearly be disclosed.
D. CONFLICT OF
COMMITMENT
Full-time faculty and staff owe their primary
commitment of time and intellectual energies to the University.
Subject to the principles described in 5.7.1 of the Norman Campus
Faculty handbook and section 5.3 of the Norman Campus Staff handbook, faculty
and staff members may engage in professional activities for extra remuneration
(from within the University or from outside sources or in any combination of
the two) to a maximum of 25% of their full-time professional effort.
(A) Employees on
twelve-month contracts may not receive extra compensation for teaching summer
terms or for performing sponsored research. Under the External Compensation
Policy, employees on twelve-month contracts may undertake other additional
University professional activities for extra compensation (such as additional
administrative tasks or additional teaching through OCCE) with appropriate
approval.
(B) For faculty members on
nine-month or ten-month contracts, summer activities involving funds
administered by or through the University may be undertaken through appointment
for all or part of the months not covered by the academic year contract or
through supplemental pay, so long as the appointed activities do not add up to
more than 1.0 twelve month FTE and the supplemental payments do not go above
25% of their full-time professional effort.
(C) During any portion of
the summer in which faculty members are not on contract with the University,
they may engage in outside work without restriction, so long as the activity in
question takes place solely during the summer months during which the faculty
member is not on OU salary and does not involve use of OU facilities. The
faculty member should consider whether a conflict of interest should be
disclosed after such a period of activity, particularly if there may be any
similarities between the summer activity and the faculty member’s academic year
activities. Additionally, the faculty
member should not enter into any agreements, such as contracts or
non-disclosure statements, that in any way would limit their freedom of action
as University employees.
(D) For intra-University
extra compensation assignments, the time required on the part of an employee
will be determined by those responsible for making the assignment. For
full-time employees, the time required for all professional activities for
extra remuneration outside the University will be determined by the faculty or
staff member as an appropriate fraction of his or her full-time professional
effort when approval for such activity is requested.
(E) For faculty and staff,
approval of outside employment shall be requested on a form, " Report and
Approval of Proposed Outside Employment and Extra-Compensation Assignments
within the University.” available from the Senior Vice President and Provost’s Office or from the Office of
Human Resources. Such applications and arrangements must be submitted at the
beginning of each contract year and updated as appropriate. Submission is the
responsibility of the faculty or staff member. For faculty, all activities
performed inside the University for extra compensation must be arranged, as all
in-load assignments are, with the agreement of the department chairperson,
dean, and Senior Vice President and Provost. Each Vice President should
institute a similar process for employees who report to him or her.
(F) Employees should
avoid possible conflicts of interest with the University in all outside
employment. Questions regarding potential conflicts of interest should be
addressed to the dean or the Appropriate Vice President, who may wish to
consult the University's Legal Counsel. In the case of potential conflicts
involving Executive Officers of the University, questions should be addressed
to the President, who may delegate these to the University’s Legal Counsel. In
the case of the President, questions should be addressed to the University’s
Board of Regents.
(G) No
faculty member may hold a split (joint) appointment that reflects more than a
total of 1.0 full-time equivalent (FTE).
Each employee must disclose any Conflict of
Commitment as each new activity arises and on an annual basis in accordance
with this policy using the form and process described in III.D. (E). An
employee intending to engage in an activity that may present a Conflict of
Commitment must submit a written request to the Unit Head, Dean, and/or the
appropriate Vice President, as appropriate, for review of the activity,
approval, and implementation of a Management Plan as appropriate.
University employees may not have combined
commitments (sponsored and non-sponsored) in excess of 100% professional
effort, except as provided above. Faculty or staff who have University
responsibilities in addition to those committed on sponsored programs,
including but not limited to teaching, administration, or instructional
activities, must reserve the appropriate amount of effort as agreed upon with
the Unit Head and/or Dean for those commitments and, therefore, may not commit
100% paid or unpaid effort to sponsored grants and/or contracts.
Employees must not allow professional
activities to detract from their primary allegiance to the University. Employees
must maintain a significant presence on campus unless inconsistent with the
scope of their appointment.
Employees with less than full-time
appointments may engage in individual consulting relationships and other employment,
to the degree that those activities do not interfere or conflict with their
obligations to the University and occur outside their University appointment.
E. INSTITUTIONAL CONFLICTS OF INTEREST
Institutional Conflicts of Interest are
managed under the University's Institutional Conflicts of Interest Policy. See www.ou.edu.
F. RELATIONSHIPS
WITH COMPANIES AND ORGANIZATIONS
Generally, although employees may accept positions
and hold Financial Interests in privately held, for-profit Companies,
relationships with (a) for- profit Companies that are doing business with the
University or (b) Companies in which Employees have a direct financial stake
may create Conflicts that require disclosure, assessment, and management.
Employees may also be prohibited from involvement in particular business
arrangements by governing law.
Employees with an ownership interest in
Companies should be aware of the following state ethics rule: No Employee shall
sell, offer to sell, or cause to be sold; rent; or lease (either as an
individual or through any Company in which the Employee holds a Financial
Interest) goods, services, buildings or property to the University. Exceptions
to this rule are: I) contracts for goods or services valued at less than five
thousand dollars ($5,000), and 2) contracts entered into after public notice
and in response to a University bid or request for proposal (RFP).
1. Equity
and Other Financial Interests
Employees who propose to become involved with
a Company in which they have a Financial Interest, including but not
limited to Equity, must promptly disclose the interest to the University.
Employees having income from or Equity in such Companies should recognize that
their ability to conduct Research sponsored by that Company may be restricted,
or their objectivity compromised, because of Conflicts created by their income
from or Equity in the Company. When intellectual property is produced by an
Employee in the performance of his/her official University duties or through
the use of University Resources, the Employee may receive income or Equity
under contract through the University from a Company commercializing the
intellectual property.
2. Membership on Boards
Service on a for-profit Company's or non-profit Organization’s Board of
Directors or Advisory Board is normally acceptable; however, when the Company
or Organization proposes to do or is doing business with the University,
Conflicts may arise because fiduciary obligations to the Company or
Organization may conflict with primary obligations to the University to act in
its best interests. When such a Conflict arises or is anticipated, Notice to
and approval of Board membership by the Appropriate Vice President and recusal
from Board matters involving University interests are required. This Notice and approval protects both the
employee and the University and should not be an onerous process. In some
cases, an employee’s involvement with a particular Company’s or Organization’s
Board may rise to a level that recusal is not sufficient to mitigate real or
perceived Conflicts. In those cases, the Appropriate Vice President should be
notified to determine whether continued service on the Board in question is in
the best interests of the University and, if so, to develop a Conflict
Management Plan.
Employees may be permitted to serve on the
Board of a Company that has licensed University technology if the service is
disclosed in advance to and with approval of the Appropriate Vice President. An
employee who is allowed to assume a Board position should recognize that his or
her ability to conduct Research that is sponsored by the Company may be
restricted because of the Conflict created by the Board position. Employees who
assume Board positions must recuse themselves from all Board decisions that
involve the University.
3. Service as an Operating Officer
An Employee must disclose service or plans to
serve as an Operating Officer of any Company or Organization in which the
University owns a Financial Interest or with which there is a Conflict with the
Employee's University position (including financial conflicts, conflicts of
effort, use of university facilities, potential or real overlap between
university research and company research, and ownership of intellectual
property). If an Employee wishes to serve as an Operating Officer, under such
circumstances, he/she must work with the Appropriate Vice President to put in
place a management plan to mitigate conflicts or, failing that, may request a
leave of absence from the University for a specified period of time, in
accordance with policies in the Faculty Handbook.
4. Service as a Scientific Officer
An Employee may serve as a Scientific Officer
for a Company with the prior written permission of the Unit Head, Dean, and
Appropriate Vice President. Such service must be through a written agreement
between the University and the Company. The term of service as a Scientific
Officer should ordinarily be for one year, renewable with written approval of
the Employee's Unit Head, Dean, and the Appropriate Vice President.
5. Consulting Relationships and Multiple
Activities
Where consulting and other activities are
performed for individual remuneration for a Company or Organization in which
the Employee holds Equity; receives compensation; serves as a Scientific
Officer; has a Board seat; has multiple professional relationships with the
Company or Organization (e.g., consulting and research agreements); or, as
permitted under this policy, serves as an Operating Officer; any consulting
relationship with the Company or Organization, must be disclosed and receive
prior review and written approval from the Employee's Unit Head, Dean, and the
Appropriate Vice President.
Employees who enter into confidentiality or
nondisclosure agreements with multiple companies or other outside entities may
face challenges in maintaining specific confidentiality requirements across
those different interactions, particularly when the intellectual content is
similar or overlapping. Therefore, it is essential to limit the amount of
confidential information received from the Company and to have the Company
agree to clearly identify such proprietary information by marking it as "confidential."
On occasion, it may
be necessary to report Company proprietary information to the University in
order for a faculty/ or staff researcher to report an invention. In this
case, the proprietary information may be protected by executing a non-disclosure
agreement between the company and the University.
When the disclosure of proprietary
information occurs, either from the University to the Company or from the
Company to the University, as a result of a sponsored agreement between the
Company and the University, a nondisclosure agreement must be negotiated and
signed on the Employee’s behalf by the University. The University will assist
Employees engaged in sponsored research involving confidentiality clauses
and/or agreements in evaluating their risks of conflicts of interest flowing
from those confidentiality agreements and in developing management plans to
mitigate such risks. The extent to which Employees are exposed to risks due to
confidentiality agreements or clauses in sponsored projects should be reviewed
periodically and whenever a new sponsored project is initiated.
It is important to note that any information
disclosed by a Company to the University may be subject to Oklahoma Open
Records Act requests or Federal Freedom of Information Act requests.
It is the University’s practice to limit, to
the extent possible, the sharing to a Company of information that is
confidential or proprietary, including research results and technologies
developed by the University. Doing so
has implications for export control restrictions and other considerations and
thus no such sharing should occur without first consulting the Appropriate Vice
President.
It is not uncommon for a company to disclose
proprietary information to an Employee acting as an outside consultant. In
doing so, the company often wants written assurance that this information will
be kept confidential. Confidentiality can be challenging for an Employee
involved in open, free exchanges of information in a public university setting,
and the company's documentation in this regard should be scrupulously examined.
6. Support of Students and Trainees by
Companies
The progress and academic standing of
students and trainees must never be compromised. Employees supervising students
and trainees working on a funded activity in which there is the potential for
the creation of Intellectual Property must inform them in writing of the
source(s) of their funding support, disposition of intellectual property,
management of proprietary information, and handling of publication rights prior
to assigning the students or trainees to a Research or training project
supported by a Company or Organization. (See also “Patent Policy” in the
Graduate College Bulletin http://www.ou.edu/content/dam/gradweb/documents/Publications/GCBulletin.pdf).
A student's academic program cannot be
supported by a Company or Organization in which the Employee supervising the
student’s academic program has Equity, serves on a Board, or serves as an
Operating Officer or Scientific Officer, unless specifically approved in
writing by the Dean of the Graduate College and the Senior Vice President and
Provost. If approved, support (e.g., stipends, tuition, salary, scholarships)
for students and trainees provided by Companies or Organizations must comply
with all of the following provisions:
(a) The College department, program, or unit
approves the recipient;
(b) The funds are provided to the University;
(c) The recipient is not subject to any
implicit or explicit expectation of providing or foregoing something in return
for the support; i.e., a "quid pro quo";
(d) The Company does not withhold or
unreasonably limit publication of the student's research. University trainees and
students may not be employed by any Company to conduct Research that overlaps
with their University training or academic program. In addition, a faculty
member with supervisory responsibility for an Employee may have a potential
Conflict in also serving as mentor for the same individual as a student;
therefore, any proposed employment of a trainee or student by a Company to work
on Company Research that does not overlap with their training or academic
program in which the mentor has Equity, serves on a Board, or serves as an
Operating Officer or Scientific Officer of the Company must be approved in
advance by the Dean of the Graduate College and the Senior Vice President and
Provost;
(e)
Evaluations of student performance, salary, and other matters are
handled by an individual who holds a position above that of the Employee
supervising the student’s academic program.
7. Company or Organization Use of University
Equipment and Space
An Employee may not use or allocate
University equipment or space for personal, non-public, or non-University
purposes, except as provided by University policy. Limited use of University
space and designated equipment by a Company or Organization may be permitted in
accordance with governing law following review and approval by the Appropriate
Vice President. The terms and conditions of such use shall be reduced to
writing and signed by the Appropriate Vice President and the Company or
Organization in accordance with University policy.
8. Funding for Sponsored Research and Service
Activities
Employees may not act as a Principal
Investigator on sponsored projects administered outside the University, except
as allowed by Board of Regents' policy. There is a presumption against
accepting funding from a Company or Organization for a project in which an
Employee, acting on behalf of the University as the Principal Investigator,
meets one or more of the following criteria: (i) the University or the Employee
has a significant Financial Interest, (ii) the Employee serves on the Board of
the Company, or (iii) the Employee serves as an Operating Officer or Scientific
Officer.
The presumption is applied as follows: When a
Company or Organization proposes to contract for Research or services to be
conducted by such an Employee or anyone under the direction of that Employee
and the Research or services involve neither human research participants nor
validation testing, the presumption against accepting funding may be rebutted
if, in the judgment of the Appropriate Vice President, one of the following is
met:
(a)
The Employee's influence over the Company's or Organization’s decisions and the
possible commercial or private benefit from the Research or services are
negligible.
(b) The Research or service is essential to
maintain the continuity of an effort related to University licensed
intellectual property during a short interval of time, normally not greater
than one year.
(c) The Employee's relationship with the
Company or Organization does not involve additional relationships with the
Company or Organization such as consulting or service agreements or Board
membership, so that the likelihood of any distortion of the Research or service
outcome is minimal.
Employees who meet one or more of these
criteria and also supervise the academic programs of students and trainees
employed by a project or service sponsored by the Company or Organization in
question shall inform them in writing of the source(s) of funds, disposition of
intellectual property, management of proprietary information, and handling of
publication rights prior to assigning the students or trainees to a Research or
training project.
The University may not conduct testing to
validate to the public an invention created at or by the University, intended
to be patented.
9. SBIR / STTR Programs
Under Small Business Innovation Research
(SBIR) and Small Business Technology Transfer (STTR) programs, small businesses
are encouraged to partner with a research university to perform innovative
research and/or to assist in technology transfer from the university. A
University Employee may participate in the SBIR/STTR project only through a
contract between the University and the Company that outlines the Employee's
responsibilities and/or University benefits or with written authorization by
the Dean and Vice President for Research.
SBIR/STTR programs can produce a variety of
complex situations with regard to Conflicts issues. Therefore, Employees are
required to comply with the following:
1. A University Employee with any role on an
SBIR/STTR project must submit the entire grant application (University's
portion and small business's portion) to the Office of Research Services (ORS)
or to Outreach Sponsored Programs (OSP) to enable the appropriate reviews to
take place before submission of the application to the funding agency.
2. The Principal Investigator for the small
business SBIR/STTR application and the principal investigator for the
subcontract to the University must be different individuals.
3. If a University Employee or his/her Family
has a Financial Interest in a Company, that individual may not bring Research
into his/her University laboratory through an SBIR or STTR contract involving
that Company, except through a contract between the Company and the University.
4. The Company must provide evidence of
availability of functioning space in which Research activities can and will
take place prior to submission of the grant application.
5. The Employee must notify the Vice
President for Research and/or ORS or The Vice President for University Outreach
and/or OSP (as appropriate) in writing upon receipt of an SBIR/STTR award. If
the Employee is serving as the Principal Investigator of the small business
concern on an SBIR grant, he/she must also provide documentation of approval
from the appropriate Dean to reduce his/her University appointment to commit
the required minimum 51% effort as the SBIR Principal Investigator of
the small business concern.
6. Prior to the start of the project, a
contract between the University and the Company must be executed outlining the
Employee's responsibilities and/or University benefits or the Employee must
obtain written authorization by the Dean and the Vice President for Research or
the Vice President for University Outreach (as appropriate) to proceed. There
must be a clear distinction between the work done by or on behalf of the
Company and the work performed by or on behalf of the University.
7. The Employee
must work through his/her college/department to reduce his/her appointment if
serving as the Principal Investigator on an SBIR award for the company.
G. FINANCIAL INTERESTS INVOLVING HUMAN
RESEARCH PARTICIPANTS
All Financial Interests of an Employee
serving as an investigator in Research involving human research participants
must be disclosed and managed under the University's Human Research Participant
Protection (HRPP) policy, SOP 104A, "Conflict of Interest -
Investigators". (See link:
http://www.ouhsc.edu/irb-norman//default.asp).
An investigator with a Conflict in Research
involving human research participants may conduct that Research only with an
HRPP-approved Management Plan. However, the Norman Campus Vice President for
Research has final authority to disallow Research determined to be contrary to
the best interests of the University.
IV. DISCLOSING CONFLICTS OF INTEREST
Employees must disclose a Conflict whenever a
new activity or relationship arises and also
on an annual basis in accordance with this policy. To ensure all required disclosures
are made under this policy Employees should contact the Unit Head, Dean, or
Appropriate Vice President if there is any question whether an activity or
relationship requires disclosure. All disclosures will be forwarded to the
Senior Vice President and Provost. Failure to disclose Conflicts can result in
administrative sanctions, severe sanctions, and/or civil and criminal
penalties.
A. WHAT TO DISCLOSE
When used in this policy, the term Conflict
of Interest ("Conflict") means (1) an actual conflict of interest
exists, or (2) the potential exists for a conflict of interest to occur, or (3)
there appears to be a conflict of interest; i.e., if made public, it could
discredit the Employee or the University. Disclosure of Conflicts is required
for the following in accordance with this policy.
1. Financial Conflicts of Interest above the
specified thresholds
2. Conflicts of Commitment
3. Relationships with Companies and
Organizations
(a) Equity and
other Financial Interests
(b) Board
membership
(c) Service as an
Operating Officer
(d) Service as a
Scientific Officer
(e) Consulting
relationships with Companies and Organizations
(f) Multiple
professional relationships with Companies and Organizations
(g) Company support
of students and trainees
(h) Company and
Organization use of University equipment and/or space
(i) Sponsored
research support from Companies or Organizations in which the Employee or
University has a Significant Financial Interest
(]) Compensation
for professional services to a Company or Organization
(k) Financial
Interests involving human subjects research
Although all possible required scenarios
cannot be itemized here, the following are examples of circumstances that DO
require disclosure under this policy:
1. Participating
in University Research on a technology owned, licensed, or contractually
obligated to a Company with which the Employee or his/her Family has a
Financial Interest.
2. Receipt of University Research support (whether
in dollars or in kind) from a Company with which the Employee or his/her Family
has a Financial Interest.
3. Receipt of royalties on products
undergoing Research or testing under the supervision or control of the
Employee.
4. Service on a board of directors or
scientific advisory board of, or executive position with, a Company from which
the Employee, Employee's Family, or a Company associated with the Employee or
his/her Family receives sponsored research support.
5. Receiving funds, gifts, or any
compensation from a Company that is sponsoring an Employee's Research, for
activities or purposes unrelated to the actual costs of performing that
Research.
6. Assigning to fellows and/or students,
tasks related to an Employee's involvement with a Company.
7. Purchasing equipment, services, or
supplies for Research from a Company with which the Employee, the Employee's
Family, or a Company associated with the Employee or his/her Family has a
Financial Interest.
8. Receipt of any non-royalty payments or
entitlements to payments in connection with the Research that are not directly
related to the reasonable costs of the Research (as specified in a research
agreement between the sponsor and the University). In addition, in all
publications and presentations Employees must always disclose Financial
Interests in any Company that supports Research being reported.
B. WHEN TO DISCLOSE
If a conflict exists or is suspected,
disclosure is required with:
1. Each new and renewal proposal, grant
application, and contract submitted to the Office of Research Services (ORS) or
Outreach Sponsored Programs (OSP) whichever is applicable.
2. Each new or modified activity or
relationship with a Company (i.e., license agreement with Spin-Off Company).
3. Each new circumstance, situation, or
activity that is not associated with an ORS or OSP submission and is a Conflict
of Interest.
The Employee's Unit Head and Dean or
associate vice president/dean, whichever is appropriate, shall review and
discuss the disclosure with the Employee as necessary. If it appears that a
conflict exists, the appropriate administrator will forward written
recommendations regarding the elimination, mitigation, and/or management of any
identified Conflict(s) to the Appropriate Vice President for review and final
decision on how to proceed. The Appropriate Vice President may consult with
others, such as a committee appointed for that purpose. The Employee shall be
notified in writing of the decision, including any requirements for immediate
action and plans for continued monitoring of the Conflict.
C. HOW TO DISCLOSE
All disclosures are to be made on the
"Conflicts of Interest Disclosure Form." As appropriate, the
Conflicts of Interest Disclosure Form is incorporated into the Office of
Research Services Routing Forms for submissions that may be affected by a
conflict. Other, non-ORS related disclosures (including those arising from
OSP-related projects) are made on forms maintained by the Senior Vice President
and Provost’s Office and the IRB and submitted to the Appropriate Vice
President. See Appendix G and the Office of Research Services, Senior Vice
President and Provost, and IRB websites (http://www.ou.edu) for disclosure
forms with contain specific instructions.
V. ELIMINATING, MITIGATING, OR MANAGING
CONFLICTS OF INTEREST
After a Conflict has been identified and
disclosed, the Employee involved shall develop a written Management Plan for submission
to the Appropriate Vice President in order to eliminate, mitigate or manage the
Conflict. The plan may include, but is
not limited to:
A. Full
internal disclosure and annual updates on University disclosure forms;
B. Public disclosure;
C. Disclosure to individuals or entities with
relevant interests such as institutional committees, research participants,
journals, and data safety monitoring boards;
D. Modification of the activity;
E. Divestiture of financial interests of the
Employee and/or his/her Family;
F. Reduction of involvement or severance of
relationships that create the Conflict;
G. Alteration of participation in all or a
portion of the activity;
H. Transferring securities to an independent
financial manager or blind trust or limiting the timing of sales or
distributions;
I. Oversight
of activity by an appropriate supervisor or independent reviewer;
J. Termination
of student or post-doctoral fellow involvement in the activity;
K. Independent
clinical review of the appropriateness of clinical care given to research
participants, if applicable;
L. Monitoring
the informed consent process.
After implementation of a Management Plan and
commencement of the activity or relationship, the Appropriate Vice President will
review the effectiveness of the Plan as often as deemed necessary, but not less
frequently than every twelve months. If, during the conduct of the activity,
the Appropriate Vice President determines that the Conflict has not been
properly managed or has become unmanageable under the Plan, he/she will then,
among other options, review the activity and, as necessary, refine the Plan
accordingly and/or require a new disclosure. If an outside funding agency
requires notification of the Conflict, the Appropriate Vice President will
notify the agency in accordance with agency requirements. For activities with
Companies in which the Employee has Equity or serves as an Officer or on the
Board, the Management Plan must comply with Section III. F.,
Relationships with Companies, of this policy.
Many federal agencies also have Conflict of
Interest policies that have implications for University Employees who are
responsible for and/or partially funded by federal agency grants and contracts.
Employees should be aware of those policies and work with ORS and OSP in
applying them as applicable.
VI. SANCTIONS
University sanctions may include, without
restriction, reprimand, restitution, loss of pay, suspension, or dismissal.
Persons who violate this policy also may be subject to civil and criminal
penalties for violations of state or federal law; e.g., civil penalties for
willful violations of state laws may reach $50,000 or more per violation.
Allegations against an Employee for breach of this policy should be reported to
the Appropriate Vice President for review and action. In the event a violation
of this policy also constitutes a breach of any other University policy, the
Senior Vice President and Provost, in consultation with the Appropriate Vice
President, shall determine which policy shall govern.
VII.
Updates to this Document
Updates to this document will be made as
necessary through the appropriate University approval processes. Faculty and
staff will be notified of updates to this document. Those updates will include
both University policy changes as well as federal and state policy changes that
have implications for University Employees.
VIII.
Implementation Plan
Each Vice President will be responsible for
developing implementation plans for the Norman Campus Conflict of Interest
Policy. Those implementation plans will be reviewed and approved by the
President of the University.
VII. APPENDICES
A. Definitions
B. Federal
Regulations and Guidance Regarding Financial Conflicts of Interest
C. State
Government Ethics Commission Rules Governing the Ethics and Conflicts of
Interest for the Conduct of State Officers and Employees
D. Tips
for Avoiding Conflicts of Interest
E. Questions
and Answers
F. Forms
G. Other
University Policies That May Relate to Conflicts of Interests
H.
Principal Basis for a Conflict of Interest Management Plan
APPENDIX
A
DEFINITIONS
Appropriate
Vice President: The vice president with authority over the
unit or activity in which the Conflict of Interest has been identified or
his/her designee. For example, if the
disclosure regards a research activity, the Vice President for Research will
provide oversight, regardless of where the individual is employed within the
University. If the activity is not
research-related, the vice president with authority over the unit or activity
will provide oversight.
Board: Board of Directors or Advisory
Board.
Company
or Organization: Any entity (for-profit or non-profit), including
a Spin-Off Company, other than the Board of Regents of the University of
Oklahoma.
Compensation:
All remuneration or other things of value received in payment for
services rendered, such as salary, gifts, stocks, favors, or other items of
value.
Conflict
of Commitment:
Time or effort devoted to professional activities that may adversely affect or
interfere with an Employee’s primary University responsibilities and
obligations.
Conflict(s)
of Interest (Conflict): Refers to situations in which financial or
other personal considerations may compromise an Employee's professional
judgment in carrying out his/her University responsibilities such as teaching,
research, contract administration, or purchasing. When used in this policy, the term Conflict
of Interest means (1) an actual conflict of interest exists, or (2) the
potential exists for a conflict of interest to occur, or (3) there appears to
be a conflict of interest; i.e., if made public, it could discredit the
Employee or the University. The term
also includes a Conflict of Commitment.
Employee:
Any person possessing a full- or part-time faculty or staff appointment
at the University. For the purposes of
this policy, Employee also includes adjunct faculty, postdoctoral fellows,
residents, and volunteers. In addition, graduate and undergraduate students,
whether or not paid, who work on grants or contracts are considered Employees
for the purposes of this policy.
Equity:
Ownership
interest in a Company, such as stock and stock options.
Family:
Includes any individual who is a spouse/domestic partner, parent, child,
stepparent, stepchild, mother-in-law, father-in-law, son-in-law,
daughter-in-law, grandparent, or grandchild of an Employee or a member of the
Employee's household.
Financial
Interest:
Anything of monetary value including, but not limited to, Equity.
Gift:
Anything of value to the extent that consideration of equal or greater
value is not received in exchange, as set forth in the State Ethics Commission
Rules Governing the Ethical Conduct of State Officers and Employees.
Institutional
Base Salary: The
annual guaranteed compensation paid by the University for an Employee’s
appointment, whether that individual’s time is spent on research, teaching,
patient care, and/or other University activities.
Management
Plan: Written
plan to manage, mitigate, or eliminate a disclosed Conflict of Interest.
Operating
Officer: An executive of a Company (with
or without salary); e.g., Chief Executive Officer, Chief Operating Officer,
Chief Financial Officer, President, Vice-President.
Priuncipal Investigator: Any person who is responsible
for the design, conduct, or reporting of Research.
Public
Health Service (PHS):
An operating division of the U.S. Department of Health and Human Services, and
any components of the PHS to which the authority involved may be delegated.
Research:
A systematic, intensive study intended to increase knowledge or
understanding of the subject studied, a systematic study specifically directed
toward applying new knowledge to meet a recognized need, or a systematic
application of knowledge to the production of useful materials, devices, and
systems or methods, including design, development, and improvement of
prototypes and new processes to meet specific requirements. Also
termed “research and development.”
Scientific
Officer: The
person responsible for conceiving, evaluating, and/or executing Research for a
Company (with or without salary).
Senior
Vice President and Provost:
The chief executive academic and administrative officer of the University or
his/her designee.
Significant
Financial Interest: Financial interests above a certain
threshold:
A. Interests that when aggregated over the
next twelve months for the Employee and the Employee’s spouse/domestic partner
and children, meet either of the following tests:
(i) Exceeds
$10,000 in value as determined through reference to public prices or other
reasonable measures of fair market value, or
(ii) Represents
more than a five percent ownership interest in any single entity.
B. Interests that exceed $1,000 in dividends derived during the
preceding calendar year.
C. Interests that involve the ownership or promise of stock or
stock options of any amount in a Spin-Off Company.
D. Annual income for professional or consulting service from a
Company in excess of 25% of the Employee’s Institutional Base Salary.
Spin-Off
Company: A
Company that is organized to develop and/or commercialize specific University intellectual
property. Spin-Off Companies are typically privately held, for-profit Companies
with licenses to develop and/or commercialize University intellectual property
created by University Employees and in which those Employees often own some or
all of the Company.
Unit
Head(s): An
Employee’s supervisor, such as his/her Department Chair, Center Director, or
Dean. Faculty with split appointments
may have more than one Unit Head.
University:
The University of Oklahoma, Norman Campus.
University
Resources: All University facilities, equipment, real
and personal property, intellectual property, and human resources.
APPENDIX
B
FEDERAL
REGULATIONS AND GUIDANCE REGARDING
FINANCIAL
CONFLICTS OF INTEREST
42
CFR Part 50.601-607, Subpart F - Responsibility of Applicants for Promoting
Objectivity in Research for which PHS Funding is Sought
45CFR
Part 94.1 - Responsible Prospective Contractors
21
CFR Part 54 – Financial Disclosure by Clinical
Investigators
NIH
Guide – Objectivity in Research
http://grants2.nih.gov/grants/guide/notice-files/not95-179.html
FDA
"Guidance: Financial Disclosure by Clinical Investigators" (March 20,
2001)
http://www.fda.gov/oc/guidance/financialdis.html
NIH
Guide - Financial Conflicts of Interest and Research Objectivity: Issues for
Investigators and Institutional Review Boards, June 5, 2000
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-00-040.html
OHRP
Draft Interim Guidance - Financial Relationships in Clinical Research: Issues
for Institutions, Clinical Investigators, and IRBs to Consider When Dealing
with Issues of Financial Interests and Human Subject Protection
http://www.hhs.gov/ohrp/nhrpac/mtg12-00/finguid.htm
NIH Guide Notice (12/06/2004) - Reminder of
Financial Conflict of Interest Requirements for All NIH-Supported Institutions.
http://grants.nih.gov/grants/guide/notice-files/NOT-OD-05-013.html
Protecting
Subjects, Preserving Trust, Promoting Progress: Policy and Guidelines for the
Oversight of Individual Financial Interests in Human Subjects Research.
http://www.aamc.org/research/coi/firstreport.pdf.
This
first report of the AAMC Task Force on Financial Conflicts of Interest in
Clinical Research provides guidance related to individual financial interests
in human subjects research.
Protecting
Subjects, Preserving Trust, Promoting Progress II: Principles and
Recommendations for Oversight of an Institution's Financial Interests in Human
Subjects Research. http://www.aamc.org/research/coi/2002coireport.pdf.
This
second report of the AAMC Task Force offers a conceptual framework for
assessing institutional conflicts of interest and a set of specific
recommendations for the oversight of certain financial interest in human
subjects research. The guidelines highlight areas that, in the view of the
AAMC's Task Force, are especially problematic and must therefore receive close
scrutiny.
APPENDIX
C
STATE
GOVERNMENT ETHICS COMMISSION RULES GOVERNING THE ETHICS AND CONFLICTS OF
INTEREST
FOR
THE CONDUCT OF STATE OFFICERS AND EMPLOYEES
Reference: Article XXIX of the
Oklahoma Constitution, Chapter 64, Appendix: Title 257. Ethics Commission
(Section 257:20-1-13 of the Rules of the Ethics Commission, 74 O.S. Supp. 2007,
Ch. 62, App.)
The following rules and standards
may be amended by the Legislature from time to time so to find the latest
version you should either consult the latest copy of the Oklahoma State Statutes
or contact the University Office of Legal Counsel.
Oklahoma
Statutes Citationized
Title 74. State Government
Chapter 62 Appendix - Title
257. Ethics Commission
Article Chapter 20
Standard 257:20-1-1. General
Purpose and Authority.
(a) The rules of this chapter
have been adopted for the purpose of complying with the provisions of the
Oklahoma Constitution, Article XXIX, Section 3 (B).
The Ethics Commission finds that the proper operation of state government
requires:
(1) that a state officer or
state employee be independent and impartial;
(2) that government policy
and decisions be made through the established processes of state government;
(3) that a state officer or
state employee not use state office to obtain private benefits;
(4) that a state officer or
state employee avoid action which creates the appearance of using state office
to obtain a private or inappropriate benefit; and
(5) that the public have
confidence in the integrity of its government and state officers and state
employees.
(b) It is the intent of the
Ethics Commission:
(1) to protect against
conflicts of interest and establish standards of conduct of elective officers
and state employees in situations where conflicts may exist;
(2) to attract those
citizens best qualified to serve. Thus the rules against conflicts of interest
must be so designed as not to impede unreasonably or unnecessarily the
recruitment and retention by government of those best qualified to serve. State
officers should not be denied the opportunity, available to all other citizens,
to acquire and retain private economic interests except when such interests
conflict with the responsibility of such officers to the public;
(3) to discourage state
officers and state employees from acting upon a private or business interest in
the performance of a public duty;
(4) to develop public
confidence in persons seeking or holding state office or employment, to enhance
the dignity of state government, and to make it attractive to citizens who are
motivated to public service;
(5) that state officers and
state employees shall exercise their powers and prerogatives without prejudice
or favoritism.
Standard 257:20-1-2. Buying or
Selling State Employment or Appointments to State Office.
(a) Candidates for state office,
state officers, and state employees shall not, directly or indirectly, solicit,
receive or agree to receive anything of value, or campaign contributions, for
agreeing to appoint, appointing or procuring the appointment of another person
to any state office or agreeing to employ, employing or procuring the
employment of another person in any position as a state employee.
(b) Nothing in Subsection (a) of
this section shall be construed to include matters within the purview of the
Oklahoma Personnel Act, Sections 840 et seq. and 841 et seq. of Title 74 of the
Oklahoma Statutes.
Standard 257:20-1-3.
Accountability.
(a) All state officers and all
state employees:
(1) shall
support, obey, and defend the Constitution and laws of the State of Oklahoma;
and
(2) shall
not knowingly receive, directly or indirectly, any money or other valuable
thing, for the performance or nonperformance of any act or duty pertaining to
his or her office, other than the compensation allowed by law.
(b) Nothing in Subsection (a) of
this section shall be construed to include matters within the purview of the
Oklahoma Personnel Act, Sections 840 et seq. and 841 et seq. of Title 74 of the
Oklahoma Statutes.
Standard 257:20-1-4. Misuse of Office.
(a) No state officer or state
employee shall use his or her official position to solicit or secure special
privileges, exemptions or compensation for himself, herself or others, except
in the performance of his or her duties or as may be allowed by law. Such
prohibited activity, except as provided by statute, shall not include:
(1) writing
letters or orally communicating recommendations for hiring, reclassifying,
terminating or promoting a state employee; or
(2) an employee of an institution
within The Oklahoma State System of Higher Education receiving income from
ownership interest in a technology or other intellectual property or in a
business enterprise commercializing the technology or other intellectual
property, or receiving income as a consultant, adviser, or employee of such
business enterprise, when such technology or other intellectual property is the
result of research conducted by the employee in the performance of his or her
duties on behalf of the institution or involving the authorized use of the
facilities, equipment, or services of the institution.
(b) No state officer or state
employee, except in the performance of his or her duties, shall disclose or
offer to disclose confidential information acquired by reason of his or her
official position to any person, group or others not entitled to receive such
confidential information, nor shall he or she use such information for his or
her personal gain or benefit.
(c) No state officer or state
employee shall:
(1) receive or solicit any compensation
that would impair his or her independence of judgment for his or her services
as an officer or employee of any state agency, from any source other than the
state, unless otherwise provided by law; or
(2) accept
or solicit other employment which would impair his or her independence of
judgment in the performance of his or her public duties.
Provided, the activities
prohibited by this subsection shall not include an employee of an institution
within The Oklahoma State System of Higher Education receiving income from
ownership interest in a technology or other intellectual property or in a
business enterprise commercializing the technology or other intellectual
property, or receiving income as a consultant, adviser, or employee of such
business enterprise, when such technology or other intellectual property is the
result of research conducted by the employee in the performance of his or her
duties on behalf of the institution or the authorized use of the facilities or
services of the institution.
(d) No legislator or statewide
elective officer shall be employed by or receive any commission, fee, or other
compensation from the state, except:
(1) the
compensation and allowance for expenses provided by law to such legislator or
statewide elective officer;
(2) compensation
from serving in the Oklahoma National Guard or the Oklahoma State Guard; or
(3) income
from government pension or retirement plans.
Standard 257:20-1-5. Ownership
Prohibited by Certain State Officers in Certain Government Securities.
No state officer of a
governmental entity shall own any interest in any bond, obligation or security
issued by or in the name of such governmental entity, unless such interest is a
part of a mutual fund or similar security.
Standard 257:20-1-6. Representation
by State Officers and State Employees.
(a) A statewide elective officer shall not receive
or agree to receive compensation for representing or assisting any person or
business in any transaction involving the state; or represent another person
for a fee before any state department, agency, board or commission. The
provisions of this subsection shall not:
1. apply to the practice of
law before any court; or
2. preclude a statewide
elective officer from acting on behalf of a constituent to determine the status
of a matter before a state department, agency, board, commission, institution
or instrumentality without accepting compensation therefor.
(b) A legislator shall not receive or agree to
receive compensation for representing or assisting any person or business in
any transaction involving the state; or represent another person, firm,
corporation or entity for a fee before any state department, agency, board or
commission. The provisions of this subsection shall not:
1. apply to the practice of
law before any court; or
2. preclude a member of the
Legislature from acting on behalf of a constituent to determine the status of a
matter before a state department, agency, board, commission, institution or
instrumentality without accepting compensation therefor.
(c) A state officer or state employee shall not
represent another person as an attorney in any matter before the Commission.
(d) A state officer or state employee shall not represent
another person before the governmental entity the state officer or state
employee serves.
(e) These restrictions shall not apply to the
following:
1. purely ministerial
matters which do not require discretion on the part of the entity;
2. representation by a
state officer or state employee in the course of the officer's or employee's
official duties;
3. self-representation by
the state officer or state employee;
4. representation by the state officer or state
employee in matters arising out of or rules promulgated pursuant to the
Oklahoma Personnel Act; or
5. representation by the state officer or state
employee in a grievance before an institution of the Oklahoma State System of
Higher Education so long as such representation is consistent with the rules
relating to such grievances.
(f) The restrictions set forth in this section do
not apply if the state officer or state employee is testifying under oath to
facts that are within the individual's knowledge, or as an expert witness who
does not accept compensation other than regularly provided for by law or rule
for subpoenaed witnesses.
Standard 257:20-1-7. Votes,
Deliberations, and Discussions by Legislators or Statewide Elective Officers.
(a) A legislator or statewide elective officer shall
not introduce or cause to have introduced, request the introduction of,
promote, or vote on any legislation if the statewide elective officer or
legislator or a child, adopted child, step-child or spouse of the officer or
legislator or a business or entity with which the legislator or officer or
a member of the immediate family of the legislator or officer is associated
has:
(1) a pecuniary interest
in; or
(2) a reasonably
foreseeable benefit from;
the legislation. A reasonably
foreseeable benefit includes detriment to a business competitor to the
legislator or statewide elective officer, to a business competitor of a member
of the immediate family of the legislator or officer, or to a business
competitor of a business or entity with which the legislator or officer or
child, step-child or spouse of the legislator or officer is associated.
(b) A legislator or statewide elective officer may
introduce or cause to have introduced, request the introduction of, promote, or
vote on legislation if the only pecuniary interest or reasonably foreseeable
benefit that may accrue to the legislator or officer, child, adopted
child, step-child or spouse of the legislator or officer, or business or entity
with which a legislator or officer or a child, adopted child, step-child or
spouse of a legislator or officer is associated is incidental to the
legislator's or officer's, child's, adopted child's, step-child's, or
spouse's or business or entity's position, or which accrues to the
legislator or officer, child, adopted child, step-child or spouse, of the
legislator or officer, or business or entity as a member of a profession,
occupation, or large class, whichever is applicable, to no significantly
greater extent than the pecuniary interest or potential benefit could reasonably
be foreseen to accrue to all other members of the profession, occupation, or
large class.
(c) Nothing in this subsection shall allow a
legislator or a member of the immediate family of a legislator, a statewide
elective officer, or a business or entity with which the legislator or
statewide elective officer is associated to contract with a governmental entity
except as provided in Subsection (b) of Section 10 of this chapter.
Standard 257:20-1-8. Votes,
Deliberations, and Discussions by Public Members.
(a) A public member shall not participate in the
discussion on, vote on, influence, or attempt to influence an official action
of the governmental entity the public member serves on if the public member or
a member of the immediate family of the public member or a business or entity
with which the public member or a member of the immediate family of the public
member is associated, has:
(1) a pecuniary interest
in; or
(2) a reasonably
foreseeable benefit from;
the matter under consideration by
the governmental entity of which the public member is a member. A reasonably
foreseeable benefit includes detriment to a business competitor of the public
member, to a business competitor of a member of the immediate family of a
public member or to a business competitor of a business or entity with which
the public member or a member of the immediate family of the public member is
associated. The public member's abstention must be recorded in the governmental
entity's minutes.
(b) A public member may participate in the
discussion on, vote on, or influence or attempt to influence an official action
if the only pecuniary interest or reasonably foreseeable benefit that may
accrue to the public member or a member of the immediate family of a public
member or business or entity with which the public member or member of the
immediate family of the public member is associated is incidental to the public
member's, immediate family member's or business or entity's position, or which
accrues to the public member, immediate family member or business or entity as
a member of a profession, occupation, or large class, whichever is applicable,
to no significantly greater extent than the pecuniary interest or potential
benefit could reasonably be foreseen to accrue to all other members of the
profession, occupation, or large class.
(c) Nothing in this section shall allow a public
member or a member of the immediate family of the public member or a business
or entity with which the public member or a member of the immediate family of
the public member is associated to contract with the governmental entity over
which the public member has jurisdiction.
Standard 257 20-1-9 - Restraints
on Solicitation or Acceptance of Anything of Value - Disclosure
(a) Influence of official act, fraud
or official duty. No state officer and no state employee shall, directly or
indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or
agree to receive anything of value for the state officer or employee or for any
other person or entity, in return for being:
(1) influenced in the
performance of an official act;
(2) influenced to commit, aid in committing, collude
in, or allow fraud, or make an opportunity for the commission of fraud on a
governmental entity; or
(3) induced to perform or
fail to perform an act in violation of the state officer's or state employee's
official duty.
(b) Soliciting individually or on
behalf of a regulatory governmental entity prohibited. No state officer and no
state employee shall, directly or indirectly, ask, demand, exact, solicit,
seek, accept, assign, receive or agree to receive anything of value
individually or for or on behalf of a governmental entity from a business
entity, its employees, officers or board members, or a person who has greater
than a ten percent (10%) interest in such entity if the rates, charges, prices
or fees charged by the business entity are subject to regulation by the
governmental entity which the officer or employee serves. This provision does
not apply to a campaign contribution properly received and reported, which is
exempt from the definition of anything of value in Section 2 of Chapter 1 of
this title, or to anything of value accepted on behalf of the state of Oklahoma
pursuant to Subsection (e) of this section.
(c) Calendar year limits on
things of value.
(1) Elective officers. No elective officer, or an
immediate family member of an elective officer shall, directly or indirectly,
ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive
things of value in a calendar year which, in the aggregate, are valued at more
than three hundred dollars ($300); and
(2) Other state officers and state employees. Except
for an elective officer, no state officer, state employee or an immediate
family member of such state officer or state employee shall, directly or
indirectly, ask, demand, exact, solicit, seek, accept, assign, receive or agree
to receive things of value in a calendar year which, in the aggregate, are
valued at more than one hundred dollars ($100):
from a person who the state officer
or state employee knows or should know:
(A) is a lobbyist or
lobbyist principal, provided that the following shall not be subject to this
subsection:
(i) things of value received as a result of or
arising out of employment by, or doing business with, a lobbyist or lobbyist
principal; and
(ii) things of value received from any director,
stockholder, partner, agent, affiliate, member, employee or officer of a
lobbyist principal if the donor is excepted in subparagraph (D) of Paragraph
(2) from the definition of "anything of value" in Section 2 of
Chapter 1 of this title, or if there exists between the recipient and the donor
a close personal relationship of long standing in which the mutual exchange of
gifts on special occasions, such as holidays or anniversaries, has become
customary;
(B) is seeking to do business or doing business with
the governmental entity of which the state officer's or state employee's office
or employment is a part; or
(C) has an economic
interest in actions or matters before or affecting the governmental entity of
which the state officer's or state employee's office or employment is a part.
A thing or things of value given by a lobbyist; the
lobbyist principal or lobbyist principals by whom the lobbyist is employed or
retained; or a stockholder, partner, agent, affiliate, member, employee or
officer of the lobbyist principal or lobbyist principals by whom the lobbyist
is employed or retained are aggregated for purposes of the disclosure threshold
and calendar year limits, regardless of how the thing or things of value are
funded. If more than one lobbyist is retained or employed by a lobbyist
principal, the disclosure and calendar year limits of the first lobbyist to
register on behalf of the lobbyist principal for a calendar year are aggregated
with each additional lobbyist employed or retained by the same lobbyist
principal.
(d) Prohibition versus
limit--Exception. Nothing in Subsection (c) shall allow a state officer or
state employee to accept anything of value in violation of Subsection (a) of
this section. Subsection (c) shall not apply to public members when things of
value are received but are not given as a result of the public member's status
as a public member.
(e) Exceptions for state officers
and employees of judicial branch and corporations. Nothing in this section
shall allow:
(1) a judicial officer, juror, referee, arbitrator
or umpire to accept anything of value from a corporation or any other person,
knowing that person to be a party in interest or the attorney or counsel of a
party in interest to any action or proceeding then pending or about to be
brought before him or her pursuant to Section 386 of Title 21 of the Oklahoma
Statutes; or
(2) a corporation to influence elections or official
duty by contributions of money or anything of value pursuant to Section 40 of
Article IX of the Oklahoma Constitution.
(f) Exceptions for forms of
compensation, gifts to state, and officers/directors of organizations. Nothing
in this section shall prohibit the acceptance or require the disclosure of:
(1) compensation, bonuses,
dividends, interest payments, employee benefits, expense reimbursements or
other forms of compensation or earnings on investments;
(2) anything of value which is accepted by the
Governor on behalf of the state of Oklahoma or a governmental entity pursuant
to Section 381 et seq. of Title 60 of the Oklahoma Statutes. Section 381 et
seq. of Title 60 of the Oklahoma Statutes. In order to be deemed accepted, the Governor must be notified in writing of any gift
received by a governmental entity, or person on behalf of a governmental
entity, within ten (10) days of receipt of the gift. Notice of acceptance must
be received from the Governor within the next thirty (30) days. Upon lack of a
response from the Governor within thirty (30) days of receipt of notice, the
gift is deemed rejected and must be returned to the donor; or
(3) the solicitation or
acceptance of anything of value for or from either:
(A) a charitable organization or an organization
described in Section 501 (c) of Title 26 of the United States Code, 26 U.S.C.,
Section 501 (c), as it currently exists or as it may be amended; or
(B) a tax-exempt
professional organization established by state statute or rules passed by the
Oklahoma Supreme Court,
by a member, state officer or state employee, who is
a member, officer or director of the organization, when receipt of anything of
value results from the member, state officer or state employee attending a
function, meeting or seminar on behalf of, or as a representative of, the
organization.
(g) No state officer or state
employee shall directly or indirectly borrow money from a lobbyist, or an
immediate family member of a lobbyist, or an entity controlled by or employing
a lobbyist. This subsection shall not apply to:
(1) a loan of money made by a commercial lending
institution, in the regular course of business, on the same terms ordinarily
available to members of the public, and which is not secured or guaranteed by a
lobbyist or lobbyist principal or any other person on behalf of a lobbyist or
lobbyist principal; or
(2) a loan from a father,
stepfather, father-in-law, mother, stepmother, mother-in-law, sister, step
sister, brother, step brother, child, step child, adopted child or their
spouses.
(h) Except for the compensation
an elective officer is entitled to by law for the performance of official
duties, no elective officer shall solicit or accept cash, check or cash
equivalent compensation for an article, appearance or speech, or for
participation at an event, unless the article, appearance or participation is
made as part of the normal course of business in the member’s private
occupation.
Standard 257:20-1-10. State Officers' and State
Employees' Private Interests in Public Contracts.
(a) Prohibition on contracting with state -
Exceptions.
(1) State officers and state
employees. No state officer or state employee, except a public member, shall
sell, offer to sell or cause to be sold, rent or lease either as an individual
or through any business enterprise in which he holds a substantial financial
interest, goods, services, buildings or property to the governmental entity
with which the officer or employee is associated or to any business entity
licensed or regulated by the governmental entity which the officer or employee
serves. This section shall not apply to students who are engaged in bona fide
work-study programs at institutions of higher education within the Oklahoma
State System of Higher Education.
(2) Limited exceptions. Paragraph (1) of this
subsection shall not apply to
(A) a state officer if
real property is acquired from the state officer by condemnation proceedings;
or
(B) a state employee if real property is acquired
from the state employee either by condemnation proceedings or the price to
be paid for such property is approved in writing by the appointing authority of
the agency acquiring such property and by the Governor.
(b) Contracting with current or former legislators
and statewide elective officers-Exceptions. No legislator or statewide elective
officer shall sell or cause to be sold, rent or lease either as an individual
or through any business enterprise in which he holds a substantial financial
interest, goods, services, buildings or property to any governmental entity. No
state officer or state employee, acting in his or her official capacity, shall
enter into any contract in which the state officer or state employee knows that
a person who is then or has been a legislator within the previous year, or a
member of such person's immediate family, has a substantial financial interest.
The provisions of this subsection shall not apply to a contract of employment
with an immediate family member of a legislator, together with any renewal,
promotion or lateral transfer of such employment contract to another
governmental entity, which is:
(1) in existence on July 1,
1994;
(2)in existence prior to
the legislator's term of office;
(3) in existence prior to marriage
to the legislator; or
(4) with a student employed on a part-time basis,
which shall be seventy-five percent (75%) of a normal forty-hour work week or
thirty (30) hours per week, or less, and who is regularly enrolled, as
defined in Paragraph 11 of Section 840.8 of Title 74 of the Oklahoma Statutes,
in an institution of higher education comprising the Oklahoma State System of
Higher Education
No legislator or statewide elective officer shall
attempt to influence or perform an official function requiring the exercise of
discretion relating to a contract with any governmental entity if a member of
the legislator's or statewide elective officer's immediate family has a
substantial financial interest in such contract.
(c) Exceptions. Subsections (a) and (b),
except as prohibited by law, shall not apply to:
(1) contracts with state
employees for goods or services valued at less than five thousand dollars
($5,000);
(2) contracts with state
employees entered into after public notice by the governmental entity and
compliance with competitive bidding procedures; and
(3) employment contracts
entered into with former legislators.
(d) Exceptions for care of DHS clients only.
(1) Care of children in need of treatment. Employees
of the Department of Human Services are authorized to contract with qualified
former state employees, or the spouses of state employees, or other relatives
of state employees, for the purpose of providing direct care or treatment
services to clients of the Department who are mentally retarded or have other
developmental disabilities or are delinquent, children in need of supervision,
or in need of treatment, or deprived. Provided, however, that rates of payment
and other terms and conditions of contracts entered into pursuant to this
section shall be established by the Commission for Human Services and shall be
no more favorable than contracts for such services with persons who were not
employed by the Department of Human Services nor related to an individual
employed by the Department of Human Services.
(2) Limitations on return to state employment. A
state employee terminating state employment to provide direct care or treatment
services to clients of the Department of Human Services who are mentally
retarded or have developmental disabilities, are delinquent, children in need
of supervision, or in need of treatment, or deprived may not return to state
employment for a period of one hundred eighty (180) days after date of
termination from contracts with the Department of Human Services for direct
care or treatment services to clients of the Department of Human Services who
are mentally retarded or have developmental disabilities or are delinquent,
children in need of supervision, or in need of treatment, or deprived.
(3) Exceptions for contracting with employees of OU
Health Sciences Center. Notwithstanding Subsection (a) of this section,
employees of the Department of Human Services are authorized to employ or
contract with personnel of the University of Oklahoma Health Sciences Center,
directly or indirectly, to obtain professional services for the Oklahoma
Medical Center or clients of other programs administered by the Department of
Human Services.
(4) Exceptions for Foster care, respite care, or
services to children. Notwithstanding Subsection (a) of this section, employees
of the Department of Human Services are authorized to contract with qualified
state employees, or the spouses of state employees, or other relatives of state
employees, for the purpose of providing foster care, respite care, and
attendant services to children in the custody of the Department.
Standard 257:20-1-11. Actions
Taken while Negotiating for Employment.
A state officer or a state employee shall promptly
disqualify prior to recommending or taking any official action in a matter
affecting a person with whom the state officer or state employee is negotiating
for employment.
APPENDIX
D
TIPS
FOR AVOIDING CONFLICTS OF INTEREST
Employees
should conduct their activities so as to avoid Conflicts of Interest and must
respond appropriately when Conflicts arise. You are required to keep your
Financial Interests separate from your Research and University obligations in
order to protect your students, trainees, and others for whom you are
responsible; preserve the integrity of your Research; and cause no harm to
human research participants. In addition, relationships with Companies must not
compromise academic freedom or delay or prohibit publication arising from your
University activities.
These
tips are meant to serve as a guide to Employees about issues that need to be
considered when engaging in activities that may involve a Conflict.
HOW
IS A CONFLICT OF INTEREST ASSESSED?
One
way to assess the potential for a Conflict of Interest is to ask, “How would
this look on the 6:00 news?” You should
note that perceived bias can be just as damaging as actual bias. So, you should
ask the following questions about the proposed activity:
A. Are basic academic values upheld? For example,
1. Is an open academic environment maintained?
2. Are there prohibitions on publications or dissemination of
Research?
3. Are University licensing practices addressed?
4. Is the use of University resources and facilities appropriate?
5. Are students used for private gain of the
Company or their mentors, and are they free to choose and publish their
Research?
B. What is the nature of the activity?
1. Does it overlap with the University’s interests?
2. Is the activity appropriate to the mission of the University?
C. Could personal Financial Interests have a direct and significant
effect on the activity? For example,
1. How much income or Equity is involved and what are the sources?
2. Could the Financial Interests be a
significant incentive for the individual with the Conflict?
3. Could the Financial Interest pose a direct Conflict with the
activity?
4. Could the Financial Interest compromise the
objectivity of the activity including its evaluation and presentation?
D. Could human research participants involved in the Research be
harmed by the Conflict?
If
you CONSULT for a Company
A. Your
primary commitment is to the University and your consulting arrangement may not
conflict with that obligation or conflict with any other University rules or
regulations.
B. The scope
of your consulting responsibilities needs to be very specific so that it does
not interfere with University responsibilities or publications resulting from
your academic work.
C. You must
not provide the Company with early or exclusive access to results of your
University Research, except in compliance with a separate sponsored research
agreement with the Company and the University.
D. You must
disclose this relationship with the Company in publications and public
discussions of any of your Research that is sponsored by the Company or related
to the Company.
If
you serve on a BOARD OF DIRECTORS OR ADVISORY BOARD
A. You are
normally permitted to sit on scientific or medical advisory boards, subject to appropriate
disclosure; however, your primary commitment is to the University and your
service must not conflict with that obligation or with any University rules or
regulations.
B. You may
serve on a Board, but must disclose that service to the appropriate Vice
President when a Conflict arises or is anticipated.
C. You must
recuse yourself from Board decisions affecting University interests or resign
your Board position.
D. You must
not provide the Company with early or exclusive access to results of your
Research, except in compliance with a separate sponsored research agreement
between the Company and the University.
E. You must
keep your Financial Interests arising from service on Boards separate from your
Research and University obligations.
F. You must
disclose this relationship in publications and public discussions of any of
your Research that is sponsored by the Company or related to the Company.
If
you perform a PROFESSIONAL ACTIVITY for a Company in which you have a FINANCIAL
INTEREST
A. You must
report the financial interest on the Conflicts of Interests Disclosure Form.
B. The more
significant the interest is financially, or the more likely the Research may
benefit the Company (and thus your interest—particularly in the case of stock
options), the greater the risk of the appearance of biased Research or Research
results.
C. You must
disclose this Financial Interest in publications and public discussions of any
of your Research that is sponsored by the Company or related to the Company.
D. Financial
Interests can raise the issue of such incentives compromising objectivity,
particularly where human research participants are involved.
If
the University has a LICENSING AGREEMENT with a Company for technology you
developed
A. All
discoveries and inventions, whether patentable or unpatentable,
and including any and all patents (domestic and foreign) based thereon and
applications for such patents, which are made or conceived by any member of the
faculty, staff, or student body of the University, either in the course and/or
scope of employment for the University or substantially through the use of
facilities or funds provided by or through the University shall be owned by and
be the property of the Board of Regents except as otherwise provided in the
University Intellectual Property Policy.
B. You may
have a sponsored research agreement through the University with the Company in
which you have a Financial Interest upon approval of the Appropriate Vice
President.
C. You may have
a consulting agreement through the University with the Company in which you
have a Financial Interest upon approval of the Appropriate Vice President.
D. Be aware
that if you have federal funding for Research related to the licensed
technology, the federal government retains rights to the results of the
Research and inventions or discoveries arising from such Research.
If
you receive GIFTS from a Company
A. Personal
gifts that benefit the individual recipient are often used as incentives to
engender loyalty or support to a Company or its products and as a means of
securing some commercial advantage. They may include such things as equipment
or reagents and supplies, travel, or unrestricted Research support.
B. Charitable
gifts for educational activities generate no benefit to the donor and should
not create a venue for access to Research results, an opportunity for promoting
a Company's product or products, or provide the Company with preferential
treatment.
C. Unrestricted
gifts for Research support are donations that generate no benefit to the donor
and, as such, the Company receives no intellectual property rights or access to
Research results. Such gifts should not be accepted when specific Research
activities are targeted for the gift money by the donor.
D. Employees
should be aware of limits on accepting gifts imposed by the State Ethics Rules.
APPENDIX
E
QUESTIONS
AND ANSWERS
F.1. What is the purpose of the disclosure requirements under this
policy?
Disclosure is required whenever there is a Conflict
of Interest so that a management strategy can be developed to assure that the
Conflict does not interfere with the Employee's performance of his/her
University responsibilities. Disclosure
can be beneficial to both the University and the Employee in order to protect
them against unfounded claims of impropriety.
Disclosure does not necessarily mean that the Employee may not engage in
the disclosed activity.
F.2. I am a faculty member who has received a grant to support my
research. A member of my household
recently completed his Ph.D. and I would like to hire him as a post-doctoral
fellow on my grant. Can I do this?
Because of the personal relationship and inasmuch as
the person is a member of your household it would not be appropriate for you to
hire, supervise or evaluate this person. See the University’s Nepotism Policy
for additional guidance.
F.3. I am a faculty member with a Spin-Off Company and want to hire a
graduate student I am advising to do some Research for this Company. Is this
ok?
This represents a Conflict of Interest that probably
may be managed if the Research does not overlap with the student’s academic
program. It is important that both you and the student understand that engaging
(or even a decision to not engage) in this activity can in no way influence the
student's academic relationship with the advisor and the University. In order to insure this, any arrangement
should be disclosed and reviewed periodically for a continuing
relationship.
F.4. I am a faculty member and wish to test some samples for a
Company for which I am also consulting.
How can I do this?
Since you wish to have two professional
relationships with the Company, this represents a Conflict of Interest that may
be manageable through contracts with the University (fee-for service). You may submit a proposal for the testing
services through the Office of Research Services (ORS) and use the appropriate
forms to disclose your relationship to the Company. If there are no intellectual property issues,
the primary issue is deciding on a fair value for the services to be
performed.
F.5. I am a faculty member and the technology that I developed was
licensed to a Spin-Off Company. Can I be the Principal Investigator for an SBIR
NIH grant application the Company is submitting?
This
represents a Conflict of Interest that may be managed and must be disclosed
prior to submission of the grant application. The PI of an SBIR grant must be
employed by the “small business concern” for a minimum of 51% FTE. Therefore,
the PI must obtain the approval of his/her Unit Head to commit this level of
effort to the Company.
F.6. I am a faculty member working with a Company that will submit a
"Small Business Innovative Research" (SBIR) project to the federal
government for which the Company would subcontract the experimental work to the
University. How can this be done?
If you will serve as the University’s Principal Investigator
on the subcontract, the University will work with the Company on the
subcontract after the SBIR is awarded to the Company. Additionally, an
intellectual property agreement will likely need to be executed between the
Company and the University, unless there is already one in place.
F.7. I am a faculty member with a Spin-Off Company that is
submitting an STTR NIH grant application. Can I be the Principal Investigator
of the grant?
This
represents a Conflict of Interest that may be managed and must be disclosed
prior to the submission of the grant application. The PI of an STTR grant must
commit a minimum of 10% effort to the grant. Therefore, the PI must obtain the
approval of his/her Unit Head to commit this level of effort to the grant.
F.8. I am a faculty member who, with my spouse and children, owns
ten percent interest in a small biotechnology Company. The combined value of the stock we hold in
this Company is $25,000. I am writing a
research proposal that I plan to submit to the National Institutes of Health to
support a project that is related to the business interests of the
Company. Can I do this?
You may be able to do so. To comply with University policy and National
Institutes of Health rules, you will need to disclose your involvement in the
Company by disclosing your involvement in the Company in the completing the
appropriate Conflicts of Interest Disclosure forms at the time you are
submitting your proposal. Your
involvement in the Company and project will be reviewed at that time. If you receive funding from NIH, agency rules
and University policy may require further review and restrictions or conditions
may be imposed to manage, reduce, or eliminate the possibility that your research
project could be influenced by your business interests. The NIH rule requires that the University
certify that such issues have been resolved before you start spending any funds
for your research project.
F.9. I have a business arrangement (e.g., a consulting or executive
position) with an engineering Company and they pay me to review research data
and provide them with my evaluation.
They do not support any of my research.
I do have support from other sources for my research that is related to
the area of the engineering company. Is
this a Conflict?
Yes, this is a potential Conflict of Interest as it
may bias your research evaluations or otherwise affect your research
results.
F.10. My spouse is a member of the Board of Directors of a Company that
competes with a Company for which I do research. Is there a Conflict in this situation?
Yes, this situation represents a potential Conflict
of Interest. Due to relationships within
Families, there could exist the potential of a bias in the research you
conduct.
F.11. I am doing research funded by a Company in which I have not
purchased stock. My father-in-law
recently died and left in his estate to my wife stock in this Company. Am I in violation of the Conflict of Interest
policy?
If the value of the stock is at least $10,000 there
is a Conflict of Interest that must be reported. It is for circumstances such as these that an
annual evaluation is required by NSF and NIH as Conflicts may not be present at
the beginning of funded research but may surface sometime during the research
period.
F.12. One of my hobbies is photography, and I have started a part-time
business taking wedding pictures on weekends.
Do I need to disclose this activity to my supervisor?
Since your outside business is neither related to nor
does it interfere with your University responsibilities, it is not necessary
for you to disclose this activity.
F.13. My lab is getting ready to replace our office copy machine. My brother-in-law owns a business machine
store in town, and he has offered to sell us a new copy machine at his
cost. Can I buy the machine from
him?
The purchase of a new copier for your lab would come
under University purchasing policy and the Purchasing Department will obtain
competitive bids before a purchase can be made.
You would have to remove yourself from the bidding process. If your brother-in-law's store submits the
low bid, they could be awarded the contract.
Since you would not be involved in review and acceptance of the bids,
this process would not present a Conflict of Interest for you.
F.14. I am a faculty member who receives a royalty payment for a survey
instrument that I developed. May I test a competitive instrument?
This represents a Conflict that probably can be
managed. You must disclose this relationship pursuant to this policy.
APPENDIX F
FORMS
Provost form
ORS form
OTD form
IRB form
APPENDIX G
OTHER UNIVERSITY POLICIES
THAT MAY RELATE TO CONFLICTS OF
INTERESTS
Conflicts of Interest may take various forms but exist
when there is contradiction between the private interests and professional
obligations of a University employee. In
addition to being addressed directly in this policy, such Conflicts are
addressed in other University policies which govern conduct of employees'
professional activities. A listing of
such policies follows. This list is not
presented as comprehensive of all references to Conflicts that may occur in the
University environment. A University employee should consult specific
University policies as presented in the Faculty Handbook, Staff Handbook, and
Administrative Policies for guidance and information regarding specific
situations which may relate to Conflicts of Interest.
1.
General Purchasing Policies
2.
Academic Freedom and Responsibility
3.
Sabbatical Leave
4.
Ethics in Research
5.
Intellectual Property Policy
6.
Nepotism
7.
Use of State Vehicles for Private
Purposes
8.
Off-Campus Use of University
Property
9. Conducting Private Business from State-Owned
Facility
APPENDIX H
PRINCIPAL BASIS OF A CONFLICT OF
INTEREST MANAGEMENT PLAN
In most
cases, a Conflict of Interest Management Plan involves identifying a third
party to act on behalf of the individual for whom the conflict exists. This third party must be employed within the
same unit and must be in a line of direct authority one or two levels above the
individual conflicted. The third party
makes decisions regarding, and has signature authority for, all
non-technical/academic matters, such as determination of salary/raises and
performance evaluations. When a Conflict of Interest Management Plan is
devised, it must be reviewed and approved by the Appropriate Vice President or,
in the case of a Management Plan for a Vice President, by the President.