Responsible Office: Human Resources
Policy Administrator: VP for Finance and Administration
Scope: |Faculty |Staff

Approved By: President's Council

Approved Date: 11/1/2011

Effective Date: 11/1/2011

Category: Faculty and Staff

Description/Purpose:

The term “conflict of interest” pertains to situations in which financial or other personal considerations compromise, or have the appearance of compromising, an individual’s professional judgment and ability to perform his or her responsibilities at Saint Francis University.

Details:

The term "conflict of interest" pertains to situations in which financial or other personal considerations compromise, or have the appearance of compromising, an individual's professional judgment and ability to perform his or her responsibilities at Saint Francis University.  All individuals who are covered under this Code should consider not only situations that are unacceptable, but also those situations that might involve the appearance of a conflict. A member of the University community may not profit or gain an unfair advantage at the expense of the well-being of the University as outlined below:

• Members of the University community may not have a direct or indirect, financial or proprietary interest of any nature that is in conflict with, impairs, or might reasonably impact such member's independent, unbiased judgment in the proper discharge of his or her duties to the University.  Example: A member of the Board of Trustees transacts business with the University on behalf of an external organization in which he or she is owner/operator without full disclosure. Such conflict may be resolved by full disclosure as well as making appropriate arrangements that clearly exclude the member from participating in the decision.
• A member of the University community shall not accept or solicit any gift, favor or service that might reasonably influence the community member in the discharge of his or her duties or that the community member knows or should know is being offered with the intent to influence his or her official conduct.  Example: The Director of Purchasing accepting a two night stay in Bermuda in exchange for purchasing products for the University is a conflict of interest.
•  A member of the University community shall not accept other employment or engage in any business or professional activity that he or she might reasonably expect would require or induce him or her to disclose confidential information acquired by reason of the community member's official position.  Example:  The Director of Development accepting appointment to a Board of an organization that desires confidential donor information be shared about the University to support the organization's advancement is a conflict of interest.
• No member of the University community shall disclose confidential information gained by reason of his or her official position or otherwise use such information for his or her personal gain or benefit.  Example: A staff member provides his daughter, who is enrolled at the University with exam information that would result in her personal gain is a conflict of interest and violates the Code of Ethics.
• No employee shall transact any business in his or her official capacity with any external business entity of which he or she is an officer, agent or member, or in which he or she has a financial interest.  Example: The physical plant director is part owner of a commercial cleaning company and in a position to influence relevant business decisions. Such conflict may be resolved by full disclosure as well as making appropriate arrangements that clearly exclude the member from participating in the decision.
• In addition, a conflict may occur if any of the above situations exists involving a member of the immediate family or household of a member of the University community, or an organization with which he or she or a family member has a significant management, ownership, or material association.

Conflict of Interest Disclosure Guidelines

Should an employee, consultant, vendor, contractor, or volunteer believe he or she is involved in a matter or is engaged in an activity in which a conflict of interest may exist, he or she must promptly and fully disclose the conflict to the Vice President for Finance & Administration, refrain from further participation in the matter until it is resolved, and follow directions given by the University concerning the matter. If there is uncertainty whether an activity might violate this policy, or for answers to questions regarding this policy consult with the Vice President for Finance & Administration.

All trustees and officers of the University shall disclose to the Board any possible conflict of interest at the earliest practical time. No Trustee shall vote on any matter, under consideration at a Board or committee meeting, in which such Trustee has a conflict of interest. The minutes of such meeting shall reflect that a disclosure was made and that the Trustee, who is uncertain whether he or she has a conflict of interest in any matter, may request the Board or Committee to determine whether a conflict of interest exists, and the Board or Committee shall resolve the question by majority vote. When possible, the question of potential conflict should be referred to the University's legal counsel for an opinion prior to the Board's vote. Trustees or officers who have declared or been found to have conflict of interest in any matter before the Board shall refrain from participating in consideration of the proposed transaction, unless for special reasons the Board or administration requests information or interpretation from the person or persons involved. The person or persons involved should not vote on such matters and should not be present at the time of the vote.

Conflict of Interest Disclosure Statement

Members of the University community who become involved in potential conflict of interest situations must complete a Conflict of Interest Disclosure Statement at the time they become aware of the potential for a conflict of interest. All members of the board of trustees, officers, president's council, deans, and selected staff (Director(s) of Physical Plant, Purchasing, Risk Management, and Athletics; Controller, Chief Information Officer) are responsible for filing an annual disclosure statement to disclose all business interests, affiliations and/or relationships that could reasonably give rise to a conflict of interest involving the University. Conflict of Interest Disclosure Statements are distributed by the Director of Human Resources who is responsible for ensuring that statements are completed and returned each year. For trustees and officers, the disclosure statements shall be provided to the Chairman of the Board, or in the case of the Chairman's disclosure statement, shall be provided to the Secretary of the Board. In the case of staff or others with significant decision-making authority, the disclosure statements shall be provided to the President. The President's Office shall maintain copies of all disclosure statements.  A Conflict of Interest Disclosure Statement is available from the Office of Human Resources.

Violations of Conflict of Interest Policy

If the Board of Trustees or University has reason to believe that a member of the University community has failed to disclose an actual or potential conflict of interest, it shall inform the person of the basis for such belief and afford the person an opportunity to explain the alleged failure to disclose. If, after hearing the response of the individual and making such further investigation as may be warranted in the circumstances, it is determined that the individual has in fact failed to disclose an actual or possible conflict of interest, the Board of Trustees or University shall take appropriate disciplinary and corrective action.