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CONFLICT OF INTEREST | No. 3-36 | Rev. 7-27-83 |
| Date 8-17-77 | |||
POLICY
The purpose of the policy is to set forth standards of conduct for University employees
in areas where there may be actual or potential conflicts of interest between their
responsibilities to the University and their private interests.
A. Utah Public Officers and Employees' Ethics Act
This policy is intended to be consistent with the Utah Public Officers' and Employees'
Ethics Act (Utah Code Annotated 67-16-1 et. seq.) and is not intended to replace any
portion of that Act which is assumed to be binding, in its entirety, upon all employees of
the University.
B. University Employees and Outside Businesses
1. This policy does not intend to deny any University employee the opportunities
available to all other citizens of the state to acquire private economic or other
interests so long as this does not interfere with full and faithful discharge of the
employee's University duties.
2. While the University has the right to place restrictions on the activities of its
employees that may be necessary to insure the discharge of their responsibilities, it must
make special efforts not to abuse that right. The intent of this policy is to provide
rules which attempt to reconcile conflicts between outside demands on employee's time and
their varied University responsibilities.
3. This policy also recognizes the need to prohibit a conflict of interest which may
arise if any employee of the University has a management position or a substantial
monetary interest in any organization with whom the University may enter into a contract
for equipment, supplies or services.
C. Limitations on Outside Participation
1. All employees of the University shall refrain from entering into any outside demand
for their time, talents or expertise that may (a) interfere with their ability to carry
out their contractual responsibilities to the University, including utilization of
independence of judgment or (b) make use of the University's resources or facilities. As a
member of the community, the University encourages non-University service as long as
responsibilities to the University are fully met.
2. Employees engaging in outside activities may identify their association with the
University but shall see that the name of the University is not used in any way that
implies endorsement or approval of the activity. They shall not use the official
stationery of the University or give as a business address any building or unit of the
institution in connection with outside non-professional or professional activities. They
shall not use University equipment or services for activities not revelant to their
University responsibilities. Use of certain University equipment or services are generally
available to University personnel for the payment of a reasonable fee.
3. Employees who testify either in person or by way of written communication before any
public body or public official regarding any issue or matter up for consideration,
discussion or action and who are identified as employees of the University, shall make
known clearly, completely and candidly whether they are, or are not, speaking on the
matter as representatives of the University. Where they are not speaking for the
University, they shall either indicate that they are speaking for themselves or shall
identify the sponsoring individual, corporation or organization which is supporting or has
supported their studies relevant to the testimony or under whose auspices they are
appearing or sending the communication. They shall also explain the conditions of their
association with the sponsor.
4. No employee shall use the computer center or any data processing facilities for
services not relevant to their University responsibilities unless and until they have
established a contract to pay the computer center, from non-University funds, fair and
reasonable charges for such services.
5. The University will not enter into a contract for supplies, equipment or services
with any organization in which an employee has a management position or substantial
monetary interest if there is a possibility of a conflict of interest existing or
developing in the future. If cases develop in which vital supplies, equipment or services
can be obtained only from an organization which falls within this prohibition, the
exception to the policy may be granted by the Board of Trustees upon the recommendation of
the president.
D. Disclosure of Interest
If an arrangement that might result in a conflict of interest is contemplated, the employee must make full disclosure of the arrangements to his/her department chair and dean or analogous supervisors and receive their approval before participating in the arrangement.