21.1 Policy.
(a) The University of West Florida encourages in-unit faculty to engage in activities supporting their professional growth, creating new knowledge and ideas, and furthering the University’s mission of excellence in teaching, research, and service. An in-unit faculty’s outside activities or interests must not conflict with their professional obligations to the University of West Florida.
(b) An in-unit 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.
(c) Conflicting Employment or Contractual Relationship. In-unit faculty may not work for or contract with a business entity or agency regulated by or doing business with the University without University approval. In-unit faculty also may not work for or have a contractual arrangement which will impede the full and faithful discharge of his or her public duties. In-unit faculty may not create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties.
(d) Nothing in this Article is intended to discourage an in-unit faculty member from engaging in outside activity in order to increase the in-unit 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 activity, compensated or uncompensated, which is not part of the faculty member’s assigned duties and for which the University has provided no compensation.
(1) The following outside activities are required to be reported by in-unit faculty:
a. Activities identified by this Agreement, the Board of Governors, and/or Florida Statutes as requiring reporting and approval
b. Activities related to an in-unit faculty member’s professional expertise (excluding exempted activities defined in 21.2(a)(2))
c. Employment outside of UWF
d. Private consulting, or advising
e. Teaching and/or research appointments for an entity other than UWF
f. Seeking an elected public office
g. Serving as an expert witness or legal consultant
h. Practicing as a licensed professional
i. Services on a Board of Directors
j. Professional activities provided in a foreign country, or directing the activities of others in a foreign country
k. Activities involving more than incidental use of UWF facilities, equipment, and services
l. Activities requiring the waiver or assignment of the faculty member’s or UWF’s rights or interests to any inventions or works that may be developed during the course of or from the activity
m. Required purchase by students of books, supplies, equipment, or instructional resources at UWF when they are created or published by the faculty member or by an entity in which the faculty member has financial interests
n. Paid scholarly collaborations at another domestic academic or research institution including but not limited to service on thesis or dissertation committees, comprehensive exam committees, and research or data collection / analysis groups
o. Paid editorial services for educational or professional organizations
p. Exempted paid activities identified in 21.2(a)(2) if the payment for the exempted activity exceeds fair market value
(2) The following outside activities are not required to be reported by in-unit faculty:
a. Unpaid or paid (not in excess of fair market value) peer review of articles, books, grant proposals, or research proposals
b. Unpaid scholarly collaborations at another domestic academic or research institution including but not limited to service on thesis or dissertation committees, comprehensive exam committees, and research or data collection / analysis groups.
c. Receiving an honorary degree from another domestic institution
d. Unpaid editorial services for educational or professional organizations
e. Conducting unpaid or paid (not in excess of fair market value) workshops for professional societies
f. Unpaid or paid (not in excess of fair market value) musical or other creative performances and exhibitions that are consistent with the faculty member’s discipline
g. Unpaid or paid (not in excess of fair market value) service as an external evaluator, including but not limited to service on a program review team, as a competition judge, or as a fine arts jury member
(b) “Conflict of interest” will generally mean a situation in which regard for a private interest tends to lend to disregard of a public duty or interest, including but not limited to the following:
(1) Engaging in an outside activity that includes either a faculty member or a business entity in which the faculty member or his or her relative has a material interest doing business with the University; or
(2) A faculty member holding an employment or contractual relationship with any business entity that
a. is subject to the regulation of or is doing business with the University, or
b. that will create a continuing or frequently recurring conflict between the faculty member’s private interests and the performance of the faculty member’s duties for the University, or
c. that would impede the full and faithful discharge of the faculty member’s professional duties, institutional responsibilities or any other obligations the faculty member may have to the University.
(3) Receiving an honorarium in excess of fair market value for the time spent in preparation for the event.
21.3 Use of University Resources. Any in-unit faculty member who wishes to request the use of University facilities, equipment, or personnel in conjunction with an outside activity or employment must submit a written request for such use using the appropriate form. Failure to submit such a request constitutes specific lack of permission to use any University resources in conjunction with an outside activity or employment. Each request will be evaluated on its own merits. The University is under no obligation to grant any such request
21.4 Use of Textbooks. Any in-unit faculty member who wishes to require a class that the in-unit faculty member instructs to purchase a textbook or other educational material that the in-unit faculty member wrote or prepared, must complete the Textbook Authorization form. This form must be completed and approved up through the Provost prior to requiring the purchase of the textbook or other educational materials.
21.5 Report of Outside Activity and Conflict of Interest.
(a) Outside Activity and Conflict of Interest Form.
(1) An Outside Activity and Conflict of Interest Form (the “Form”) must be submitted by all in-unit faculty as follows:
a. Each year by August 15. The in-unit faculty member will designate on the Form either that there is an outside activity or conflict of interest to report or that there is no outside activity or conflict of interest to report. Previously approved outside activities must be resubmitted on an annual basis even if there is no substantial change to the activity (e.g. serving on a board, private consulting, etc.) In such circumstances, the faculty member may continue participating in the previously approved outside activity as the outside activity approval renewal is reviewed.
b. Each time there is a significant change in a previously approved outside activity/conflict of interest,
c. Each time an in-unit faculty member plans to engage in a compensated outside activity consistent with 21.2(a)(1) and excluding exempted compensated activities as defined in 21.2(a)(2), or
d. Where the uncompensated activity, consistent with 21.2(a)(1),:
1. Creates or reasonably appears to create a conflict of interest\
2. Interferes or reasonably appears to interfere with the full performance of the in-unit faculty member’s professional responsibilities or other University obligations, or
3. Interferes with the in-unit faculty member’s primary commitment of time, attention and energies to the University.
(2) The Form and all related documentation must be submitted and approved prior to engaging in the activity. The approval process takes approximately 30 days, so in-unit faculty are encouraged to plan accordingly. If the faculty member has not received a determination on the status of a submitted Form following the thirty (30) days from the Form’s submission, the faculty member may submit a formal query as to the Form’s status. A response will be given to the in-unit faculty member who submitted the formal query within five (5) business days. The university also recognizes that some outside activity opportunities may arise that need approval on a timeline less than thirty (30) days. In such circumstance the faculty member will document this need for an expedited review of the activity when submitting the form, and the university, where practicable, will endeavor to provide a review of the form in a timely manner.
(3) Submitted Forms will be reviewed at appropriate levels of supervision. If a conflict of interest is identified, the in-unit faculty member will be notified to resolve the conflict. If the Form is pending approval, the in-unit faculty member should not pursue the outside activity.
(b) University Representation. An in-unit faculty member engaging in an outside activity (regardless of whether the activity requires the submission of the Form) shall take reasonable precautions to ensure that the outside employer or other recipient of services understands that the in-unit faculty member is engaging in such outside activity as a private citizen and not as an in-unit faculty member, representative, or spokesperson of the University or on behalf of the University.
If the Form is pending approval, the in-unit faculty member should not pursue the outside activity.
(c) Failure to Report/Insufficient, Inaccurate Reporting.
(1) An in-unit faculty member’s failure to fully and properly report outside activities and other interests as required by the Collective Bargaining Agreement or failure to follow any conditions imposed pursuant to the University’s approval of such activities, may be grounds for disciplinary action, up to and including dismissal, as governed by Article 17: Disciplinary Action.
(2) Where approval for an outside activity is based upon a report containing incomplete or inaccurate information provided by the in-unit faculty member, the approval is null and void.
(3) In accordance with Florida Statutes Section 1012.977, any in-unit faculty member engaged in the design, conduct, or reporting of research who failed to disclose an outside activity related to their UWF area of expertise or any financial interest shall be suspended without pay pending the outcome of an investigation which shall not exceed 60 days. Upon conclusion of the investigation, the university may terminate the contract of the in-unit faculty member. Failure by an in-unit faculty member to comply with Florida Statutes Section 1012.977 or a conflict of interest monitoring or management plan may result in disciplinary action, as governed by Article 17: Disciplinary Action, up to and including termination for just cause.
21.6 Additional Requirements for Federally Funded Research
In-unit faculty who apply for or utilize external funding to perform research activities are required to adhere to additional requirements for disclosing outside activities, relevant financial interests, and related matters as controlled by federal regulations, state statute, or University policy.
21.7 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 in-unit faculty member may file a grievance under the expedited grievance procedure contained in Article 22 (Grievance Procedure and Arbitration), section 22.16.
(b) The in-unit faculty member may not engage in such outside activity pending a resolution of the matter pursuant to section 21.7(a).
(c) If the resolution of the matter is that there is a conflict of interest, the in-unit faculty member will cease such activity immediately and may be required to turn over to the University all or part of compensation earned therefrom.
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