- Policy Statement
All individual members of the Piedmont University Community (including Trustees, University officials, and all full-time, part-time, temporary, or adjunct instructors, and staff of the University) must fulfill the education, and service missions to which Piedmont University is dedicated.
The University’s has the core values of Inquiry – where the University fosters an environment for learning by engaging in critical and creative dialogue; Service – where the University cultivates a sense of gratitude and duty to humanity by offering opportunities for civic engagement, personal growth, and ethical reasoning in action; and Legacy – where the University upholds the intellectual, social, and theological heritage of Congregationalism through excellence in teaching and scholarship and by embracing our diverse society.
Accordingly, all individuals in the Piedmont University’s community have a clear obligation to make decisions and conduct the affairs of the University based upon the desire to promote the best interests of the University in a manner consistent with those core values. Trustees and members of senior administration are fiduciaries and owe special duties of care and loyalty to the University as a whole and must keep the University’s interests paramount to all others.
The relationships between Piedmont University, the individual members of the University community, private industry, and the non-profit sector have grown increasingly complex. As a result, there are opportunities for professional interactions and development that may benefit the University community and its individual members, but which may also present the potential for or the appearance of conflicting loyalties and responsibilities for the individuals within the University community. The purpose of the Piedmont University Conflict of Interest and Commitment Policy is to set forth a policy statement regarding Conflicts of Interest and Commitment and to provide guidelines to protect the University and its mission.
A Conflict of Interest refers to a situation in which an individual’s financial, professional, or other personal considerations may directly or indirectly affect, or have the appearance of affecting, an individual’s professional judgment in exercising any University duty or responsibility, including the conduct, or reporting of research. Typically, a Conflict of Interest may arise when an individual has the opportunity or appears to have the opportunity to influence the University’s business, administrative, academic, or other decisions in ways that could lead to financial, professional, or personal gain or advantage of any kind, whether or not the value is readily ascertainable.
- Conflict of Interest Guidelines
Conflicts of interest can arise under many situations. These guidelines set forth principles for members of the University community to follow. Disclosure and approval are required before engaging in activities that are inconsistent with these guidelines.
- University Administration
The internal administration of the University, including the Board of Trustees, can present the potential for conflicts of interest. Members of the University community with administrative responsibilities must take particular care to avoid relationships in which Financial Interests or other personal interests intersect with the University’s interests and have the potential for inappropriate factors to be considered in administrative decisions, including hiring decisions. In particular, individuals who have University duties involving the procurement, exchange, receipt of gifts, or sale of goods, services, or other assets; the negotiation or formation of contracts or other commitments affecting the assets or interests of the University; the handling of confidential or privileged information; the conduct of sponsored research and the handling of any research results or resulting transfer of technology; or the rendition of professional advice to the University must be particularly conscious of potential conflicts of interest or the appearance of conflicts of interest.
- Business Relationships
In general, when individual members of the University community or their Family Members have Financial Interests in a business or are involved in a Business as an owner, operator, or as an executive officer, they must be alert to the possibility that a Conflict of Interest may arise, if the Business has a relationship with the University. If the enterprise does business with the University, or proposes to do business with the University, the individual is expected to disclose that fact. Generally, there will be no Conflict of Interest if the individual is not in a position to influence the University with respect to the Business in which the individual or Family member has an interest. Members of the University community may not review, approve, or administratively control contracts or business relationships when the contract or business relationship is between the University and a Business in which the individual or a Family Member has a Financial Interest or when the individual or a Family Member is an employee of the Business and is directly involved with activities pertaining to the University. This section is not intended to apply to the adoption of textbooks, software, or other teaching aids written by faculty members or their Family Members for use in their own course of instruction, although such use must have prior approval from the faculty member’s department chair or dean, must be related to the faculty member’s or such faculty member’s Family applicable rules and regulations of the University.
- Gifts and Contributions
No gifts or accommodations of any nature, including unrestricted grants, may be accepted by the University or individual members of the University community when to do so would place them in a prejudicial or compromising position, interfere in any way with the impartial discharge of their duties to the University, or reflect adversely on their integrity or that of the University. All gifts given in support of an institutional mission must be directed through the Office of University Advancement.
Please visit policy 3.35 Gift Acceptance Policy for full details on the policy and procedures of the University in relation to gift acceptance.
- Use and Appropriation of University Assets
The University possesses both tangible and intangible assets. These assets include buildings, personnel, equipment, copyrights, technology, and work products, as well as the University’s reputation and prestige. As custodian of these assets, members of the University community owe a fiduciary duty to the University to act in accordance with applicable University procedures regarding the proper expenditure of the University’s funds, as well as the use and control of University assets, including confidential and privileged information. Where specific procedures regarding the disposition and control of university assets do not exist, individuals are expected to protect the best interests of the University in its tangible and intangible assets. Conduct constituting the misappropriation or unauthorized use of University assets in connection with any external activity is prohibited (including implying sponsorship or endorsement by the University or otherwise trading on the reputation or goodwill of the University). Mere identification of the University as one’s employer and of one’s position at the University is permitted, provided that such identification is not used to imply University sponsorship or endorsement.
- Activities Related to Students
An individual faculty or staff member of the University Community may not assign students to University projects sponsored by any Business if the individual faculty or staff member or a Family Member of the individual faculty or staff member has a Financial Interest in the Business. An individual faculty or staff member also may not assign students or permit students to participate in any consulting relationship in which the individual faculty or staff member or a Family Member of the individual faculty or staff member has a Financial Interest.
Deans and department chairs have the responsibility for protecting the interests of students may be directly or indirectly involved in a Conflict of Interest situation related to a Member of the University Community or a Family Member with a Financial Interest in the situation. Students should not be permitted to participate in consulting activities if the terms and conditions of those activities would prevent the students from meeting applicable University degree or training requirements. Students involved in any Conflict of Interest situation should be informed that the Conflict of Interest situation exists; and that their concerns, if any, can be discussed with the appropriate University official or, if applicable, the Executive committee.
Additionally, deans or their designees and department chairs must meet regularly (at least annually) with any students involved in a Conflict of Interest situation. Deans and department chairs may also consider assigning an observer to the Research advisory committee/theses or dissertation committee of any student involved in a Conflict of Interest situation. The members of the Board of Trustees are to be considered at the highest point in supervisory chain of command for Piedmont University. Therefore, no members of the Board of Trustees should have a member of their family employed at the University while they are serving on the Board of Trustees.
- Activities Related to Family Members
Members of the University community may not participate in the hiring process or any employment-related decisions pertaining to their Family Members. Likewise, they may not be in a position to supervise a Family Member as an employee of the University or otherwise review or participate in reviewing a Family Member’s work as an employee of the University.
- Conflict of Commitment Guidelines
Employees are expected to avoid actual or apparent conflict of interests between their university obligations and outside activities. Participation in activities of governmental entities, professional associations, industrial organizations, and other private institutions may serve the academic interest of the university. However, full-time employees must commit their full professional efforts to the university and are expected to refrain from engaging in any occupation, pursuit, or endeavor that interferes with their obligations to the university.
One type of Conflict of Interest is Conflict of Commitment. A Conflict of Commitment relates to an individual’s distribution of effort between University employment or faculty appointment and commitment to external business activities or employment, external professional activities, or personal activities. It is possible to have a Conflict of Commitment even if the individual does not receive compensation for the external activity. External activities may include employment outside the university, involvement with professional societies, participation related to review panels, education meetings, community service, conferences, consulting, other professional activities, and business activities related to outside entities including start-up companies.
A Conflict of Commitment can arise when the external activities burden or interfere with the University member’s primary obligations and commitments to the University. It is the policy of the University that all full-time faculty and staff members are expected to devote their primary professional loyalty, time, and energy to their position at Piedmont.
Although a specific work-week is not defined for faculty, senior administration and full-time exempt staff, it is expected that such positions constitute a full-time obligation and that, with the exceptions explicitly permitted by University policies on external activities, they will not engage in other employment. Accordingly, external activities must be arranged so as not to interfere with the primary commitments.
- Faculty-specific guidelines
External activities conducted by a faculty member should be of such nature as to improve effectiveness as a teacher or contribute to scholarly attainments or should in some manner serve the interests of the University or of the community. External activities must not distract significantly from primary responsibilities and must not require such extensive absence as to cause the faculty member to neglect course obligations or become unavailable to students and colleagues. External activities must be of such nature and conducted in such manner as will not bring discredit to the University and must not compromise any Intellectual Property owned by the University.
Accordingly, the maximum expenditure of time spent on external activities by a full-time faculty member appointed on a nine-month basis should not exceed forty days during the academic year, including holidays.
For those full-time faculty members appointed on a twelve-month basis, time spent on external activities should not exceed fifty days per year, including holidays. For those academic year faculty receiving external funding during the summer months (currently May 16 through August 1), the policy for full-time faculty appointed on a twelve-month basis will apply – i.e., no more than fifty days per year, including holidays. It is expected that half-days will be accumulated into full days and that time traveling to and from activities or engagements and preparing for them also will be accumulated and counted in the total. Individual colleges and departments may implement more specific procedures and require additional information in furtherance of this policy. Faculty members should periodically re-examine the nature and extent of their external activities and conscientiously avoid engaging in activities that constitute conflicts of commitment. The President may grant exceptions in extraordinary cases upon recommendation of the appropriate Dean and Vice President for Academic Affairs.
- Conflict of Commitment Guideline Regarding Non-Piedmont Online Teaching
- General Standard
For faculty who are members of the Faculty Assembly (“faculty”), teaching outside the University presents issues that require special attention because it has the potential to compete with the University’s own offerings. In judging the appropriateness of any online course outside the educational mission of the University, faculty should consider the time commitment and the potential impact of these activities on the fulfillment of their commitments to the University.
In addition, the following special considerations and procedures apply to online courses offered, or reasonably expected to be offered, for academic credit and to online courses providing certifications:
In determining whether to grant such permission or as guidance for reviewing potential conflicts, the Vice President for Academic Affairs and faculty should consider whether such an online course will impair the instructional offerings of the faculty member’s College or other Colleges at Piedmont University. In making this impairment determination, the following factors (among others) may be useful to consider, with affirmative answers counting against approval, but no set number of affirmative answers being conclusive: Is the faculty member one of the primary instructors or a course director in the online course?
- Special Provision for Online Courses for Academic Credit
Faculty are not permitted to offer online courses for undergraduate, graduate, or professional degree credit for another education institution or venture except with permission of the Vice President for Academic Affairs.
Is the online course comparable to any current course at Piedmont? Is the online course among the courses that Piedmont plans to include in its own offerings in the next two academic years? Is the online course likely, in fact, to require the instructor to commit to teaching the content exclusively with the online vendor or other institution and not to provide any similar content in another online format?
- Special Provision for Online Courses Providing Certifications
Faculty must disclose their plan to teach in online courses that offer certifications to the Vice President for Academic Affairs prior to undertaking such teaching.
- Staff-specific Guidelines
Employment outside Piedmont or other activities that could create a Conflict of Commitment, or the appearance of a Conflict of Commitment, should be disclosed as outlined in this policy and discussed with the staff member’s supervisor to ensure it will not create a Conflict of Commitment. Hourly paid staff should also disclose and discuss with their supervisors’ external obligations so that a Conflict of Commitment does not arise.
Accordingly, external activities must be arranged so as not to interfere with a staff member’s primary commitments. External activities must be of such a nature and conducted in such a manner as will not bring discredit to the University and must not compromise any Intellectual Property owned by the University.
Staff members should periodically re-examine the nature and extent of their external activities and conscientiously avoid engaging in activities that constitute conflicts of commitment. The Vice Presidents may grant exceptions to this policy in extraordinary cases.
- Disclosure
- Duty to Disclose
To identify and review Conflicts of Interest or Commitment, and the appearance of Conflicts of Interest or Commitment, Members of the University Community must disclose in advance all Significant Financial Interests and outside activities, Financial Interests, and relational interests that create or have the appearance of creating Conflicts of Interest to the appropriate University officials as follows: the initial disclosure should be submitted to the Controller and may be reviewed by supervisors, deans, and/or department chairs, and if necessary the Executive Committee. University officials will review the disclosures to determine whether a Conflict of Interest exists and what conditions or restrictions, if any, should be imposed in order to manage, reduce or eliminate the Conflict of Interest.
Such disclosures shall be sufficiently detailed and timely as to allow accurate and objective evaluation prior to making commitments or initiating activities that create conflicts of interest or commitment. The information must be accurate and not false, erroneous, misleading, or incomplete. Each Member of the University Community has an obligation to cooperate fully in the review of the pertinent facts and circumstances. Individual colleges and departments may implement more specific procedures and require additional information in furtherance of this policy.
Certain University activities will involve more specific procedures with respect to conflicts of interest either because of governmental requirements or corporate fiduciary duty. Trustees and General Officers, as well as anyone involved with the development and licensing of Intellectual Property under the auspices of the University, are responsible for complying with all applicable procedures.
Disclosure required by any governmental, accreditation, or other self-regulatory agency, should be made to the appropriate University official, on the required forms before grant application submission.
- Annual Disclosure Process
In addition to the duty of advance disclosure discussed above, all Members of the University Community are required to provide a disclosure of all Significant Financial Interest or situations or relationships that create or have the appearance of creating a Conflict of Interest or Commitment upon initial employment and annually thereafter. Updated disclosures must also be provided throughout the year if changes in circumstances that arise that either (a) create a new Conflict of Interest or Commitment or (b) change or eliminate a Conflict of Interest or Commitment previously disclosed. All disclosure statements and management plans are official records and will be maintained according to an appropriate retention schedule. The disclosure statements contain information that may have a direct bearing on an individual’s employment. The disclosure statements will be considered confidential however, the information may be released in accordance with and as required by federal, state, or local law or court order.
- If a conflict of significant interest and/or commitment is determined to exist such conflict will be reviewed by the Piedmont University Executive Committee. The Executive Committee will review all materials gathered in relation to the conflict of interest and/or committee and determine the appropriate action to be followed.
- Disclosure Forms
- Piedmont University Conflict of Interest Disclosure Form
- Piedmont University Secondary Employment Request Form
- Piedmont University Student Activity Request Form
Conflict of interest disclosure forms are completed by all members of the governing body on an annual basis. These forms are monitored by the president's office and the senior administration. If a conflict of interest arises, senior management investigates and seeks advice from the chairperson and executive committee when necessary. Legal advice will be sought when needed.
- Definitions
Business:
Any company or corporation, any partnership, sole proprietorship, firm, franchise, association, organization, holding company, joint stock company, receivership, trust (business, real estate, estate planning, or otherwise), enterprise, or any legal entity whether organized for profit or not-for-profit, including any entity controlled by, controlling, or under common control with any such entity, but excluding the University.
Family or Family Member:
Spouse, child, stepchild, parent, sibling of a Member of the University Community. For purposes of the employment of Family Members at Piedmont University, grandparent, grandchild, father-in-law, mother-in-law, uncle, aunt, nephew, or niece, or the spouse of any such person; brother- or sister-in-law; or foster parent or foster child are also included.
Financial Interest:
Anything of monetary value, whether or not the value is readily ascertainable.
Examples of Financial Interests:
Salary or payments for goods or services (including fees, honoraria, “gifts,” or other “in kind” compensation whether for consulting, membership on a board of directors or advisory board, or any other purpose such as partial, interim, or milestone payments).
Intellectual Property rights (including patents, copyrights, and royalty income or the right to receive future royalties under a patent or other Intellectual Property rights, whether pursuant to a license or otherwise).
Ownership and equity interests or entitlement to such interests in a publicly or non-publicly traded Business (including stock, stock options, partnership interests, and convertible debt but excluding interests in publicly traded diversified mutual funds where the individual investor has no control over the selection of holdings).
Institutional Responsibilities:
For purposes of the disclosure and assessment of potential Conflicts of Interest and Conflicts of Commitment, the definition of Institutional Responsibilities shall be defined as a Member of the University Community’s activities and duties on behalf of the University or which fall within the scope of employment by the University: (e.g., such as research, consultation related to the scope of Piedmont employment, teaching, professional practice, institutional committee memberships, and service on panels at Piedmont or as assigned by Piedmont.).
Intellectual Property:
Patents, copyrights, trademarks, trade secrets, technology (whether or not reduced to practice), databases, software, and any other tangible or intangible intellectual property.
Investigator:
The project director, Principal Investigator and any other person regardless of title or position who is responsible for the design, conduct or reporting of Research including sponsored Research or proposed sponsored Research.
Member of the University Community:
Trustees, University officials, full-time, part-time, temporary, or adjunct faculty and staff.
Research:
A systematic investigation, study or experiment designed to develop or contribute to generalizable knowledge. The term encompasses basic and applied Research and product development.
Significant Financial Interest:
A Financial Interest consisting of one or more of the following interests of the Member of the University Community (and those of the Member of the University Community’s spouse and dependent children):
(1) With regard to any publicly traded entity, a Significant Financial Interest exists if the value of any payments or any remuneration received from the publicly traded entity received in the twelve months preceding the disclosure and the value of any equity interest in the entity as of the date of disclosure, when aggregated, exceed $5,000. For purposes of this definition, remuneration includes salary and any payment for services not otherwise identified as salary, received from the publicly traded entity (e.g. consulting fees, honoraria, paid authorship); equity interest includes any stock, stock option, or other ownership interest, as determined through reference to public prices or other reasonable measures of market value.
(2) With regard to any non-publicly traded entities, a Significant Financial Interest exists if the value of any payments or any remuneration received from the non-publicly traded entity in the twelve months preceding the disclosure, when aggregated, exceed $5,000 or when the Member of the University Community (or the Member of the University Community’s spouse or dependent children) holds any amount of equity interest(e.g., stock, stock option, or other ownership interest). For purposes of this definition, remuneration includes salary and any payment for services not otherwise identified as salary received from the non-publicly traded entity (e.g. consulting fees, honoraria, paid authorship)
(3) Intellectual property rights with payments that when aggregated for the investigator and the investigator’s spouse and dependent children are expected to equal or exceed $5,000 annually (e.g. patents, copyrights and royalties from such rights).