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    Title

    Conflicts of Interest, Conflicts of Commitment, and Outside Activities

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      Policy

      1. Applicability. This policy applies to all UT Arlington employees. (ref. University of Texas System Policy UTS180, Sec. 1)
      2. Purpose. This policy is intended to protect the credibility and reputation of The University of Texas System, of UT Arlington and of members of the faculty and staff by providing a transparent system of disclosure, approval, and documentation of employee activities outside The University of Texas System that might otherwise raise concerns about conflicts of interest or conflicts of commitment. The policy also serves the purpose of ensuring compliance with State ethics laws and Regents’ Rules and Regulations (Regents' Rules). Finally, the policy is intended to provide the framework for rules and procedures that will clearly delineate permissible outside activities. (ref. UT System Policy UTS180, Sec. 2)
      3. Primary Responsibility. The primary responsibility of employees of UT Arlington is the accomplishment of the duties and responsibilities assigned to their position of appointment. (ref. Regents’ Rule 30104, Sec. 1 and UT System Policy UTS180, Sec. 3)
      4. Outside Activities

        1. Regents’ Rule 30104 permits UT. System employees to engage in outside work or activity, so long as the work or activity complies with the requirements of the rule and does not violate State laws or UT. System or UT Arlington rules or policies governing the conduct of employees, including ethics standards and provisions prohibiting conflicts of interest, conflicts of commitment, and the use of State resources (ref. Regents’ Rule 30104, Sec. 2 and UT System Policy UTS180, Sec. 4).
        2. Certain outside activity clearly enhances the mission of UT Arlington and/or provides important elements of faculty or staff development related to their UT Arlington responsibilities. To that end, the activities listed in Sections F.1(c)(i) and G.3 (a) below are encouraged.
      5. Conflicts of Interest and Conflicts of Commitment Prohibited

        UT Arlington employees may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the employees’ duties for UT Arlington (ref. Regents’ Rule 30104, Sec. 3 and UT System Policy UTS180, Sec. 5).

        Activities on behalf of outside entities or individuals must not interfere with a UT Arlington employee’s fulfillment of his/her duties and responsibilities to the University. Such conflicts of commitment may arise regardless of the location of these activities (on or off campus), the type of outside entity (individual, for-profit, not-for-profit, or government), or the level of compensation (compensated or non-compensated). (ref. Regents’ Rule 301014, Sec. 4 and UT System Policy UTS180, Sec.5)
      6. Disclosure and Approval (ref. Regents' Rule 30104 Sec. 5 and UT System Policy UTS180, Sec. 6)

        1. Approval Requirements

          1. Approval requirements shall apply, at a minimum, to:

            1. all full-time members of the faculty employed on a 12-month or 9-month basis;
            2. part-time members of the faculty
            3. all full-time administrative and professional staff (as defined in III. Definitions below)
            4. part-time administrative and professional staff only if the activity reasonably appears to create conflict of interest
            5. all full-time classified exempt staff (as defined in III. Definitions)
            6. all part-time classified exempt staff only if the activity reasonably appears to create a conflict of interest
          2. Approval is required prior to engaging in the following activities, except as noted at ( c ) below, for:

            1. all outside employment or other compensated activities;
            2. all service on outside boards (see Section G.4, below, for details, including exclusions); and
            3. any uncompensated activity that reasonably appears to create a conflict of interest or conflict of commitment.
          3. Pre-approved Activities. The following activities are "pre-approved," such that approval need not be obtained prior to engagement in the activity.

            1. Serving on a federal, state, or local government agency committee, panel, or commission; acting in an editorial capacity for a professional journal; reviewing journal manuscripts, book manuscripts, or grant or contract proposals; attending and presenting talks at scholarly colloquia and conferences; developing scholarly communications in the form of books or journal articles, reviews, movies, television productions, and similar works, even when such activities result in financial gain, consistent with intellectual property and other applicable UT System and institution policies and guidelines; and serving as a committee member, an officer, or board member of a professional or scholarly society. You may be asked to provide a description of the nature and extent of some or all of these activities as part of your periodic performance evaluation.
            2. Outside employment during those months in which a member of the faculty appointed on a 9-month basis is not appointed is considered pre-approved, requiring no further approval, unless the outside employment reasonably appears to create a conflict of interest, in which case prior approval is required. Such activity may be required to be disclosed in accordance with Section F.2, below, and may be maintained in an electronic database in accordance with Section L. below.
        2. Information Required to be Disclosed

          1. Full-time Employees. Full-time members of the faculty and full-time administrative and professional staff are required to disclose1:

            1. a description of the nature and extent of all outside employment or other compensated activity;
            2. a description of the nature and extent of any outside activity, regardless of compensation, that reasonably appears to create a conflict of interest or a conflict of commitment;
            3. a description of the nature and extent of any outside (onsite or distance) teaching that is in or related to the same discipline as one's area of UT Arlington teaching responsibilities;
            4. the range of total annual compensation received for any compensated activity, or total annual compensation from a single entity, if it is greater than $5,000 and the activity reasonably appears to create a conflict of interest or a conflict of commitment;
            5. a description of the nature and extent of outside board service, regardless of compensation, (see Section G.4, below, for details, including exclusions);
            6. a description, including the range of compensation or interest, of any substantial interest in a business entity (as defined in Section P. below) that reasonably appears to create a conflict of interest, which should be provided no later than 30 days after acquiring the interest;
            7. a description of gifts over $250 to the individual or his or her immediate family members, but only if they reasonably appear to create conflict of interest, which should be provided no later than 30 days after acquiring the gift. Do not include gifts received from: one's parent, child, sibling, grandparent, or grandchild; one's spouse or the spouse of anyone mentioned above; or the parent, child, sibling, grandparent, or grandchild of one's spouse; and
            8. a description of the nature and extent of any activity of immediate family members that reasonably appears to create a conflict of interest and a description of any substantial interest of immediate family members in a business entity (as defined in Section P. below) that reasonably appears to create a conflict of interest, which should be provided no later than 30 days after acquiring the interest.
            9. Outside activity disclosed under research conflicts of interest located at http://www.uta.edu/research/administration/departments/rs/conflict-of-interest/index.php need not be re-disclosed.
          2. Part-Time Employees

            Part-time members of the faculty and part-time members of the administrative and professional staff are required to disclose the nature and extent (but not compensation range) of any outside activity and any substantial interest in a business entity (as definedin III. Definitions) that reasonably appears to create a conflict of interest. Part-time employees are not required by this policy to disclose for family members.
      7. Guidelines for reviewing and approving requests to engage in outside activity

        1. Approval Authorities. The President has appointed the following individuals as the approval authorizes under this policy:

          1. For members of the faculty: the Department Chair, the Dean, and the Provost and Vice President for Academic Affairs
          2. For deans and department chairs: The Provost and Vice President for Academic Affairs
          3. For executive officers: the President and, for the President, the Executive Vice Chancellor for Academic Affairs
          4. For administrative and professional staff: The Department Director and the appropriate Vice President
          5. For other employees: The Department Director and the appropriate Vice President.
        2. Faculty Time

          Members of the faculty have flexibility in using their time to prepare for teaching and engage in research and other scholarly activity. Other responsibilities, such as presenting lectures, being available to meet with students, and participating in university committees, have more rigid time demands. During the academic term in which a faculty member holds a full-time appointment, the faculty member must attend to all their duties and responsibilities and meet the minimum academic workload requirements, but may be permitted to engage in an average of no more than 8 hours of all approved outside activity during university time (defined in Section P., below) each week, so long as the activity does not reasonably appear to create a conflict of interest, does not interfere with the faculty member’s UT Arlington duties and responsibilities, and clearly contributes to the mission of UT Arlington or provides important elements of faculty professional development related to their UT Arlington duties and responsibilities.
        3. Categories of Outside Faculty Activity

          1. Some activity is so integral to the mission of UT Arlington that it is encouraged and may be performed on university time (defined in III. Definitions) and may be considered pre-approved, so long as the activity does not reasonably appear to create a conflict of interest and the amount of time committed does not interfere with faculty members' UT Arlington duties and responsibilities. These may include activities such as the following:

            • Serving on a federal, state, or local government agency committee, panel, or commission.
            • Acting in an editorial capacity for a professional journal.
            • Reviewing journal manuscripts, book manuscripts, or grant or contract proposals.
            • Attending and presenting talks at scholarly colloquia and conferences.
            • Developing scholarly communications in the form of books or journal articles, movies, television productions, and similar works, even when such activities result in financial gain, consistent with intellectual property and other applicable UT System and institution policies and guidelines.
            • Serving as a committee member, an officer, or a board member of a professional or scholarly society.
          2. A category of outside faculty activity that, when disclosed and approved, is permitted, can be encouraged, and may be performed during the university time permitted under Section G.2, above includes:

            Engaging in professional activity such as providing expert testimony, providing consulting services, professional/clinical practice, and serving on a board of directors, but only when such activity clearly contributes to the mission of UT Arlington or provides important elements of faculty professional development related to the faculty member’s UT Arlington duties and responsibilities, and the activity does not reasonably appear to create a conflict of interest and does not interfere with the faculty member’s UT Arlington duties and responsibilities.
          3. Faculty members may also engage in activity that does not necessarily contribute to the mission of UT Arlington or provide elements of faculty professional development related to their UT Arlington duties and responsibilities, so long as it does not reasonably appear to create a conflict of interest or a conflict of commitment with the faculty member’s UT Arlington duties and responsibilities. Any such activity must take place only on non-university time, without use of UT Arlington resources, and is disclosed and approved as required by this policy.
        4. Accounting for Outside Board Service

          1. Uncompensated Outside Board Service of Direct Benefit to the UT System, other than scholarly boards pre-approved under Section F.1.c.i., above. Regents’ Rule 30104 recognizes the benefit to be derived by UT System institutions from outside board service. After thorough consideration of the time commitment, certain service on outside boards may be deemed to be of sufficient benefit to UT Arlington that certain service may be performed on university time. The service:

            1. must be service on a nonreligious board;
            2. must be uncompensated (other than for reimbursement of usual and customary expenses);
            3. requires prior approval; and
            4. requires disclosure
          2. Compensated Board Service or Service to a Religious Organization Service on an outside board for which the employee is compensated and any service to a religious organization whether or not compensated must be on the individual's own time.

            1. If the service occurs during normal office hours, the individual must use vacation time, compensatory time, or other appropriate leave or approved arrangements while providing the service.
            2. The service must be without cost to UT System or its institutions.
            3. Service to a local religious congregation that is primarily personal does not require prior approval and does not need to be disclosed, regardless of compensation. Service on the board of a religious organization that provides services that the employee’s UT System institution provides, such as a religious hospital or academic institution, requires prior approval and must be disclosed.
            4. Compensated service on a nonreligious board requires prior approval and must be disclosed, except as noted at ( c ), below.
          3. Board Service or Activity that is Personal. Participation (regardless of compensation) on outside boards or activity in which the service is primarily personal rather than professional in nature and is done on one’s own time is permitted without the requirement of approval or disclosure if it does not create a conflict of interest or conflict of commitment or the appearance of a conflict of interest or conflict of commitment. Examples include boards of the following nature—a municipality; local religious congregation; neighborhood association; public, private or parochial school; political organization; social advocacy organization; youth sports or recreation league; affinity group such as the local orchid society or model train collectors club; and other similar outside boards.
        5. Management Plans

          Management plans must be in place for all faculty and administrative and professional staff for outside activities that may create a conflict of interest or a conflict of commitment before activity begins. Management plans will be developed by the employee in conjunction with University Compliance Services in collaboration with the Office of Human Resources and the Office of Research and approved by the Vice President for Human Resources and the Provost and Vice President for Academic Affairs.
      8. Appeals. Individuals whose request for approval of outside activity is denied may request that the denying authority reconsider the decision and provide an explanation of the decision in writing. If the individual remains unsatisfied with the decision, he or she may access standard grievance procedures to the extent that they are otherwise applicable.
      9. Prospective and Retrospective Approval. In rare instance, outside activity may be approved retrospectively when the individual is called upon to assist in an emergency or urgent situation where it would be impossible or unreasonable to obtain advance approval. In such cases, the activity must be fully disclosed and approval sought from the appropriate authority as soon as reasonably possible.

        Some activity may also be prospectively approved, for up to one year, when an individual describes to the approving authority as fully as reasonably possible the general nature and extent of anticipated, but not confirmed, outside opportunities.

        In any event, whether previously approved or not, employees should ensure they notify their chair, dean, or supervisor in advance when they will be missing specific responsibilities.
      10. Confidential Outside Activity. If an individual wishes to engage in an activity for which some or all of the relevant information is confidential, the approving authority may nonetheless approve the activity without requiring full written disclosure upon satisfaction that there is a compelling reason to treat the information confidentially and the activity is otherwise fully compliant with this policy and all other applicable laws and UT Arlington and UT System policies.
      11. Dual Outside Employment. In addition to the requirements of this policy, employees may hold other non-elective offices or positions of honor, trust, or profit with the State of Texas or the United States if holding the other offices or positions is of benefit to the State of Texas or is required by State or federal law and if there is no conflict between holding the office or position and the employee’s position with UT Arlington. Before an employee may accept an offer to serve in such offices or positions, the employee must obtain approval from the President and the Board of Regents via the Consent Agenda.
      12. Rescinding Approvals. An approving authority may rescind an approved outside activity upon receipt of information indicating that the activity is not consistent with this policy or any applicable law or UT Arlington or UT System policy. The individual for whom the activity may be rescinded shall be given notice in writing of the information and an opportunity to respond.
      13. Electronic Database. UT Arlington faculty and staff will be required to obtain prior approval for Outside Employment/Outside Board Service and disclose any perceived Conflicts of Interest, Conflicts of Commitment, and Outside Activities in an electronic system maintained by UT System. Certain information contained in the database will be reported to UT System as described below.

        1. Items included in internal UT System Electronic Database. Disclosure of outside activity, documentation of requests for approval, and subsequent approvals shall be maintained for all full-time faculty and full-time administrative and professional staff in an electronic database that will include the following elements:

          1. a description of the nature and extent of all outside employment or other compensated activity and of all outside activity, regardless of compensation level, that reasonably appears to create a conflict of interest or a conflict of commitment.
          2. the range of total annual compensation received for any compensated activity, or total annual compensation from a single entity, if it is greater than $5,000 and the activity reasonably appears to create a conflict of interest or a conflict of commitment.
          3. a description of the nature and extent of outside board service, except as noted at Section G.4(b)(iii) and G.4(c);
          4. a description including the range of compensation or interest of any substantial interest in a business entity (as defined in Section P, below) that reasonably appears to create a conflict of interest;
          5. a description of gifts over $250 to the individual, but only if the gift reasonably appears to create a conflict of interest, and it is not a gift from one's spouse, parent, child, sibling, grandparent, or grandchild; or from the spouse of a parent, child, sibling, grandparent, or grandchild; or from the parent, child, sibling, grandparent, or grandchild; or form the spouse of a parent, child, sibling, grandparent, or grandchild or from the parent, child, sibling, grandparent, or grandchild of one's spouse; and
          6. for part-time members of the faculty and part-time members of the administrative and professional staff, a description or the nature and extent of any outside activity and any substantial interest in a business entity that reasonably appears to create a conflict of interest.
        2. Public Display of Information. Only the following information must be available on a publicly accessible and searchable website:

          1. The nature and extent of the activity, and the range of compensation if over $5,000, for all managed conflicts of interest or conflicts of commitment, unless deemed confidential following procedures developed in accordance with Section J, above; and
          2. all information disclosed by the Chancellor, UTSystem Executive Officers, and Presidents pursuant to Section E above, and
          3. instructions for gaining access via the Texas Public Information Act to a copy of any conflict management plan, except for any confidential information protected pursuant to Section J. above.
          4. Information regarding family members will not be posted publicly.
      14. Noncompliance. Noncompliance with this policy may subject an employee to disciplinary action in accordance with applicable procedures up to an including termination of employment.
      15. Use of University Property. UT Arlington property may only be used for State purposes appropriate to UT Arlington's mission. (ref. Regents' Rule 30104 Sec. 8) Use of UT Arlington property for any outside activity must be explicitly approved in writing by the approving authority.
      16. Gifts, Grants and Donations. When UT Arlington accepts a gift, grant, donation or other consideration from a person that the person designates to be used as a salary supplement for an employee of the institution, the receiving entity shall analyze the gift, grant or donation for potential conflicts of interest. If a conflict of interest exists, UT Arlington shall utilize its current processes and procedures to eliminate or manage the conflict.
      17. Education and Training. Annual training will be provided to all individuals required to disclose under this policy, including those responsible for approving and managing outside activities and interests.
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        Definitions

        Administrative and Professional Staff: Employees who have been determined to be exempt from the Fair Labor Standards Act (FLSA) and are, therefore, not entitled to overtime pay. It also includes employees who are not exempt from the FLSA if they are authorized to execute contracts on behalf of the University or who because of their job duties at the University have authority to exercise discretion with regard to the award of contracts or other financial transactions.

        Business Entity: Any entity recognized by law through which business for profit is conducted, including a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, or trust.

        Classified Exempt Staff: Employees who have been determined to be exempt from the Fair Labor Standards Act (FLSA) and are, therefore, not entitled to overtime pay. It also includes employees who are not exempt from the FLSA if they are authorized to execute contracts on behalf of the University or who because of their job duties at the University have authority to exercise discretion with regard to the award of contracts or other financial transactions.

        Compensation: Any form of benefit including but not limited to salary, retainer, honoraria, intellectual property rights or royalties, or promised, deferred, or contingent interest. It also includes sponsored travel or reimbursement. 2

        Conflict of Commitment: A state in which the time or effort that a UT System employee devotes to an outside activity directly or significantly interferes with the employee’s fulfillment of their institutional responsibilities or when the employee uses State property without authority in connection with the employee’s outside employment, board service, or other activity (ref. Regents' Rule 30104, Sec. 8). Exceeding the amount of total time permitted by UT System or institution policy for outside activities creates the appearance of a conflict of commitment.

        Conflict of Interest: A significant outside interest of a U.T. employee or one of the employee’s immediate family members that could directly or significantly affect the employee’s performance of the employee’s institutional responsibilities. The proper discharge of an employee’s institutional responsibilities could be directly or significantly affected if the employment, service, activity or interest:

        1. might tend to influence the way the employee performs his or her institutional responsibilities, or the employee knows or should know the interest is or has been offered with the intent to influence the employee’s conduct or decisions;
        2. could reasonably be expected to impair the employee’s judgement in performing his or her institutional responsibilities; or
        3. might require or induce the employee to disclose confidential or proprietary information acquired through the performance of institutional responsibilities.

        Immediate Family Members - Includes:

        1. a spouse
        2. a dependent child or stepchild or other dependent, for purposes of determining federal income tax liability during the period covered by the disclosure statement; and
        3. a related or non-related, unmarried adult who resides in the same household as the individual and with whom the individual is financially interdependent as evidenced, for example, by the maintenance of a joint bank account, mortgage, or investments.

        Nature and Extent: Shall include a description of the activity, the time commitment, and the anticipated length of time the commitment is expected to continue.

        Outside Board: The board, council, or other governing or advisory body of a business, civic, professional social, or religious organization, whether for profit or nonprofit.

        Outside Employment: Any activity performed by an employee, other than fulfilling employment obligations at UT System or a UT System institution, for which remuneration is received, including distance teaching.

        Range of Compensation: Includes a range of outside compensation as follows:

        1. $0 - $4,999.00;
        2. $5,000.00 - $9,999.00
        3. $10,000.00 - $19,999.00;
        4. amounts between $20,000.00 and $100,000.00 by increments of $20,000.00; or
        5. amounts above $100,000.00 by increments of $50,000.00.
        6. if stock options, _____ shares of common stock par value of .01 equaling _____ of the fully diluted value of the company at time of grant.

        Substantial Interest in a Business Entity: For purposes of this policy, substantial interest means:

        1. a controlling interest;
        2. ownership of more than 10 percent of the voting interest;
        3. ownership of more than $5,000.00 of the fair market value;
        4. a direct or indirect participating interest by shares, stock, or otherwise, regardless of whether voting rights are included, in more than 10 percent of the profits, proceeds, or capital gains; or
        5. service as an officer.

        Substantial interest does not include investments in mutual funds or retirement accounts, so long as the individual does not directly control the investment decisions made in those vehicles.

        University Time: For faculty, this time is defined by the number of hours per week necessary for the performance of job duties, which include teaching, research, service, and patient care. For some staff, this time is defined by a work day with set hours, and for other staff this time is defined as a work day with set hours plus on call service as needed.

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          Relevant Federal and State Statutes

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            Relevant UT System Policies, Procedures, and Forms

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              Who Should Know

              This policy applies to all UT Arlington employees.

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                UT Arlington Officer(s) Responsible for Policy

                The UT Arlington Compliance and Ethics Officer

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                  Dates Approved or Amended

                  February 11, 2014

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                    Contact Information

                    All questions concerning this policy should be directed to the UT Arlington Compliance and Ethics Officer.