Article 21 – Conflict of Interest/Outside Activity

21.1 Policy.

(a) A faculty member is bound to observe, in all official acts, the highest standards of ethics consistent with the code of ethics of the State of Florida (Chapter 112, Part III, Florida Statutes), the advisory opinions rendered with respect thereto, Board of Governors’ rules, and University rules. Other provisions of State law govern obligations and responsibilities of faculty members who receive State compensation in addition to their annual salary.

(b) Nothing in this Article is intended to discourage a faculty member from engaging in outside activity in order to increase the faculty member’s professional reputation, service to the community, or income, subject to the conditions stated herein.

21.2 Definitions.

(a) “Outside activity” will mean any private practice, private consulting, additional teaching or research, or other activity, compensated or uncompensated, which is not part of the faculty member’s assigned duties and for which the University has provided no compensation.

(b) “Conflict of interest” will mean

(1) any conflict between the private interests of the faculty member and the public interests of the University, the Board of Trustees, or the State of Florida, including conflicts of interest specified under Florida Statutes; or

(2) any activity which interferes with the full performance of the faculty member’s professional or institutional responsibilities or obligations.

21.3 Conflicts of Interest Prohibited. Conflicts of interest, including those arising from University or outside activities, are prohibited. Faculty are responsible for resolving such conflicts of interest, working in conjunction with their supervisor and other University officials.

21.4 Report of Outside Activity.

(a) A faculty member who proposes to engage in any outside activity which the faculty member should reasonably conclude may create a conflict of interest, or in any outside compensated professional activity, will report to his or her supervisor, in writing, the details of such proposed activity prior to engaging therein.

(b) The report, as described in section 21.4(a) will include, where applicable, the name of the employer or other recipient of services; the funding source; the location where such activity will be performed; the nature and extent of the activity; and any intended use of University facilities, equipment, or services.

(c) A new report will be submitted for outside activity previously reported at:

(1) the beginning of each academic year for outside activity of a continuing nature; and

(2) such time as there is a significant change in an activity (nature, extent, funding, etc.).

(d) The reporting provisions of this section will not apply to activities performed wholly during a period in which the faculty member has no appointment with the University.

(e) Any outside activity which falls under the provisions of this Article and in which the faculty member is currently engaged but has not previously reported, will be reported within sixty (60) days of the execution of this Agreement and will conform to the provisions of this Article.

21.5 Expedited Grievance Procedure.

(a) In the event the proposed outside activity is determined to constitute a conflict of interest, and the faculty member disagrees with that determination, the faculty member may file a grievance under the expedited grievance procedure contained in Article 22 (Grievance Procedure and Arbitration), section 22.16.

(b) The faculty member may engage in such outside activity pending a resolution of the matter pursuant to section 21.5(a).

(c) If the resolution of the matter is that there is a conflict of interest, the faculty member will cease such activity immediately and may be required to turn over to the University all or part of compensation earned therefrom.

21.6 Use of University Resources. A faculty member engaging in any outside activity will not use the facilities, equipment, or services of the University in connection with such outside activity without prior approval of the President or representative. Approval for the use of University facilities, equipment, or services may be conditioned upon reimbursement for the use thereof.

21.7 No University Affiliation. A faculty member engaging in outside activity will take reasonable precautions to ensure that the outside employer or other recipient of services understands that the faculty member is engaging in such outside activity as a private citizen and not as an employee, agent, or spokesperson of the University.