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University
of South Florida Regulation Subject: Faculty Ethical Obligations: Conflicts of Interest and Outside Employment; Employment of Relatives; Seeking or Holding Public Office (1) Faculty members must be aware of their obligations and responsibilities as public employees of the University. (a) No faculty members may have an interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; or incur any obligation of any nature that is in substantial conflict with the full and competent performance of their duties. (b) University faculty members are required to observe, in all official acts, the highest standards of ethics and conduct consistent with the code of ethics and the financial disclosure requirements of the State of Florida, Chapter 112, Part III, Florida Statutes, all definitions contained in that Part or supplemented by this Rule, and State advisory opinions issued regarding that Part. Other provisions within these Rules govern obligations and responsibilities of employees who receive employment compensation in addition to their annual salary. (2) For purposes of this Rule: (a) “Outside Activity” means any employment, private practice, private consulting, service on boards or commissions, or any other activity, which is not part of the employee’s University duties and for which the University does not provide compensation. (b) “Compensation” includes but is not limited to, wages, salary, stock options, use of airplanes or vacation/resort areas, or any other type of remuneration received for services performed by the faculty member during the outside activity. (c) “Conflict of interest” means any
conflict between private interests of the faculty member and public interests
of the University or State of Florida. (4) Faculty members who wish to engage in any outside activity making use of facilities, equipment, services, students or employees of the University in connection with such outside activity must obtain prior written approval of the appropriate University official and complete the Outside Activity Form, as described in Section (6) of this Rule. The University will administer the use of University facilities, however, space assignments will be on a space available basis with priority given to any groups and/or persons whose activities are related to the mission of the University. (5) A faculty member engaging in outside activity must take reasonable precautions to ensure that the public, the outside employer or other recipient of services understands that the faculty member is functioning as a private citizen and not as an employee, agent, or spokesperson of the University. (6) A faculty member who intends to engage in any outside activity that the employee should reasonably conclude may create a conflict of interest, or in any outside compensated professional activity, shall report any information requested by the University about the outside activity to his /her supervisor, in writing, prior to engaging in the outside activity. The supervisor will accept or reject the report in writing and deliver it to the Provost or appropriate Vice President or CEO. (a) The report shall include where applicable the name of the employer or other recipient of services; the funding source; the location where the activity will be performed; the nature of the activity; and any intended use of university facilities, equipment, services, or students. (b) The reporting provisions will not apply to activities performed wholly during a period in which the faculty member has no appointment with the University. (c) The appropriate University official will notify the faculty member if it is believed that a conflict of interest will result from a proposed outside activity and will deny the request. Faculty members have the right to grieve this decision, and to have the grievance heard expeditiously, and may continue the activity until the matter is resolved. If it is resolved that there is a conflict of interest, the faculty member shall cease such activity immediately and, when determined to be in the best interest of the University, shall make payment to the university all or part of the compensation earned therefrom. (7) The Vice President for Research is responsible for all intellectual property, inventions and works developed by University employees and will develop guidelines for the administration and protection of any intellectual property, inventions or works, and any copyright, patent or licensing interests of the University. Faculty representatives must be included in the process of developing such guidelines. (8) A faculty member who proposes to engage in outside professional employment that may lead to the development of some invention or work in which the University may have or claim an interest must furnish a copy of this Rule and any other applicable University procedures or governing documents to the outside employer or entity either at the time negotiations for other employment is occurring, or if there is no written agreement, before the employment begins. (9) The CAO or Vice President for Research shall approve any requirement(s) that faculty members, engaged in an outside activity, must waive their or the University’s rights or interests to any inventions or works which may be developed during the course of outside employment. (10) Any agreement by the CAO or the Vice President for Research to assign or release any invention or work, including patent rights, to a faculty member must include that such invention or work, if patented by the employee, must be available royalty- free for governmental purposes of the State of Florida, unless otherwise agreed in writing by the University. (11) Employment of related persons in a single organizational unit is permitted, only when such employment will not involve or create a conflict of interest, and no faculty member may participate in making recommendations or influencing decisions specifically affecting the appointment, retention, tenure, work assignments, evaluation, promotion, demotion, or salary of any relative. The Provost or Vice President responsible for the subject organizational unit will determine, and document in writing, prior to employment of related persons, that a conflict of interest will not occur. For the purpose of this Rule, “relative” or “related” persons are those related to each other in one of the following ways: husband; wife; parent; child; brother; sister; spouse of a child, brother, sister, or parent; or parent, child, brother, or sister of spouse; grandparent; grandchild; aunt, uncle, first cousin, niece or nephew. “Relative” or “related” person also includes a person who is engaged to be married to an employee or who otherwise holds himself or herself out as or is generally known as the person whom the employee intends to marry or with whom the employee intends to form a household, or any other person having the same legal residence as the University employee. (12) Faculty members who intend to seek election to and hold public office will provide written notification to the CAO of their intentions and must adhere to the provisions of Section 104.31, Florida Statutes, or any successor statute. SPECIFIC AUTHORITY: §§ 1001.74(4), (19);
1004.23, FS. USF World Wide Web Guidelines |
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Copyright © 2004-2005, University
of South Florida
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