UMCP POLICY AND PROCEDURES ON OUTSIDE CONSULTANCY [II-3.10(A)]
(Approved by the President, August 1, 1991)
I. POLICY
As the Flagship Campus of the University of Maryland System, UMCP
employs and seeks to retain faculty, administrators, and professional staff who
are highly competent in their fields. These people are often sought by the
business and professional community to provide consulting or other professional
services. It is the policy of UMCP, consistent with Board of Regents Policy
Il-3.10, that professional consultancy by full- and part-time faculty and
professional staff members is permitted when responsibilities to UMCP have been
fully satisfied as determined by the responsible administrator, and ff there is
no conflict of interest.
II.PROCEDURES FOR REPORTING PAID PROFESSIONAL CON" SULTANCY
A. Reports must be made by any staff member doing outside paid
consulting work. Reports are made to the Department Chair or Department
Administrator in writing, due within ten days of the close of each semester, and
must contain:
1. the number of hours worked, and the dates;
2. the company or agency for which
the work was performed; (names of clients or patients need not be disclosed if
this would be a breach of ethical standards)
3. the general nature of the
work.
B. Reports are signed by the Department Chair or Department
Administrator and forwarded to the President through appropriate administrative
channels.
III. CONSULTANCY TO ANOTHER STATE AGENCY
Paid consultancy or professional service to another State agency must be
approved in advance by the Department Head and the President. A written
explanation of the services to be rendered, the time involved, and the agency
should be submitted.
IV. CONSULTANCY TO UMCP ADMINISTERED GRANTS
Paid consultancy for contracts or grants administered through UMCP are
generally not allowed. A waiver may be granted by the President in unusual or
exceptional circumstances. A written request for a waiver should be made to the
President through the Department Head. The request should contain a detailed
explanation of the services to be rendered and an explanation of the unusual
circumstances which may warrant a waiver of the normal policy.
V. USE OF UMCP RESOURCES
UMCP resources are not to be used in rendering consulting services
unless there have been prior arrangements with the responsible administrator for
reimbursement. There must be a written identification of the costs, and agreement
specifying when the costs will be reimbursed.
Vl. CONFLICT OF INTEREST AND CONFLICT OF COMMITMENT
A. Definition
BOR 11-3.10 section 11. B. states "conflict of interest arises when a
faculty member influences, or is in a position to influence, the institution's
decisions for personal financial gain or benefit. A conflict of commitment
situation arises when outside activities substantially interfere with the
person's obligation to students, colleagues, or the institution."
B. Procedures for Resolving Issues of Conflict of Interest
Any faculty member or professional staff member engaged or seeking to be
engaged in consulting work who has reason to believe that there may be a conflict
of interest, or the appearance of a conflict of interest, should: 1. inform the
Department Chair or responsible administrator of the possible conflict;
2.
consult the State Ethics Commission for an official opinion. The State Ethics
Commission has the sole authority to interpret the State Ethics Law.
3. At the
request of the Department Chair or responsible administrator, consulting
work may be suspended pending an opinion by the State Ethics Commission.
VII. MISCELLANEOUS
A. A faculty member or professional staff member shall not in any way convey
through his or her outside work an endorsement by UMCP of the recommendations or
results.
B. No individual shall enter into any agreement in the pursuit of consulting
services which conflicts with UMCP or University System policy on intellectual
property without the express written consent of the Chancellor.