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.