Safely navigating through conflict of interest and related regulations
There are many policies and regulations related to conflicts of interest. This list highlights several policies that are relevant to University faculty and staff who have financial interests and/or professional relationships with outside entities. The list is intended to provide guidance on how to maintain appropriate separation between an employee's private financial interests and their responsibilities as a public employee.
- Personal use of University resources: University resources must not be used to benefit a personal financial interest or an outside entity. Examples of University resources include University office and lab space; University-paid time; staff, students, or trainees; laboratory or office equipment, computers or telephones; laboratory or office supplies; library subscriptions; University facilities; or the University name or logo.
- University email and website: University websites must not be used to promote or provide information about an outside entity or an employee’s personal business. An employee’s University email should not be used to conduct private business, and an employee’s personal email should not be used to conduct University business. employees may not use their University email address or website for activities related to personal business or for an outside entity. Links to outside businesses are prohibited.
- Purchasing prohibitions: University employees, spouses/domestic partners, or dependent children cannot become contractors or suppliers of goods or services to any NSHE institution. Similarly, NSHE institutions cannot purchase goods or services from any entity in which an NSHE employee has a significant financial interest, without prior written approval.
- Recusal from contract negotiations and other decision making: Employees may not participate in any decision-making, negotiation or transactions on behalf of the University that involve a business entity in which the employee, a family member, household member or business associate have a significant financial interest.
- Non-affiliation with the University: When employees engage in professional outside activities such as consulting, private practice, research or training, they must notify those who engage them that they are acting as a private individual and not on behalf of the University, and that the University is not a party to the contract nor liable for any of the employee’s actions under the external contract or agreement.
- Using or sharing non-publicly available information: Employees must not share non-publicly available information with an outside entity without a University-executed written agreement. For example, do not share proprietary information, biological material, or unpublished data without a University-executed written intellectual property agreement, data sharing agreement or materials transfer agreement.
- Providing information about an outside entity: University employees may provide information to the University community about an outside entity, but they must not require or encourage University faculty/staff/students/trainees to engage with the company as customers or use its services.
- Referrals: Employees must not refer University customers, clients or patients to their private practice or business.
- Students or other trainees: To protect students’ rights as scholars and researchers, University employees should contact the Conflict of Interest Designated Official listed below prior to engaging University students or other trainees under their direction to work for an outside entity as employees, volunteers or interns. A conflict of interest management plan may be required.
- Non-compliant contract terms: University employees’ obligations under an agreement with an outside entity must not restrict or hinder their ability to conduct current or future research or teaching assignments with the University, nor limit their ability to publish work generated at or on behalf of the University, nor infringe on their academic freedom. It is important to read each contract and/or agreement carefully before signing.
- Consulting on a current sponsored project: Employees may not act as both PI on a sponsored project at the University and as a private consultant on the same project. If a project can be done through the University, it should be done through the University.
- Disclosures: Employees are responsible for disclosing relevant financial interests or external relationships in sponsored project proposals, IRB/IACUC submissions, or in any other situation in which there could be an overlap between the University and the outside entity.
This is not an exhaustive list of policies and much of the information is paraphrased. For more information, please contact:
Michele Dondanville
Director, Research Integrity & Security
Conflicts of Interest Designated Official
(775) 784-6360 or mdondanville@unr.edu