Conflict
In general terms, whenever personal, professional, commercial, or financial interests or activities outside of the University have the possibility (in actuality or in appearance) of: 1.) interfering with an individual’s ability to fulfill their employment obligations; 2.) compromising an individual’s professional judgment; 3.) biasing research or compromising, the sound professional judgment of its researchers; or 4.) resulting in personal gain for an individual or an individual’s Family Member (defined below), at the expense of the University. A Conflict can occur when private interests of an individual compete with professional obligations of the individual to the University to a degree that an independent observer might reasonably question whether the professional actions or decisions of the individual are materially affected by personal considerations, including personal gain, financial or otherwise. Conflicts may include a Conflict of Interest or a Conflict of Commitment.
Conflict of Interest
A matter in which a member of the University community is in a position to influence or gain, or appear to influence or gain, financial advantage or personal benefit (broadly construed) arising from their University position, through Outside Professional Activities or through their research, administrative, or educational actions or decisions at the University, regardless of whether such influence, gain, advantage, or benefit is direct or indirect. In some cases, including projects having Sponsored Funding, consensual relationships – including consensual business relationships – between employees or an employee and a student, or a nepotic or perceived nepotic relationship may constitute a Conflict of Interest that must be disclosed pursuant to this policy, as well as University Policies 7010, 7015, or 7050.
Conflict of Commitment
A circumstance when Outside Professional Activities or other significant commitments, whether outside or within the University, interfere with university personnel meeting their job responsibilities to the University. University personnel are encouraged to actively participate in external activities, but must also ensure that the external activities do not compromise their ability to fulfill university duties. A Conflict of Commitment exists when external relationships or activities, in actuality or in appearance, oppose or interfere with the University’s educational, research, or service missions.
Consulting
An additional activity beyond Institutional Responsibilities, professional in nature, and based on the appropriate area of expertise for which an individual receives remuneration from the University, for which the individual may receive additional personal remuneration not from the University, and where such activities primarily benefit the individual and not the University.
Covered Benefit
A gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare they are interested or in which they are the beneficiary. Covered Benefit does not include an award with economic significance of five hundred dollars ($500) or less given to a nonelected public servant by a nonprofit organization whose membership is limited to public servants as part of a public servant recognition program that is designed to recognize innovation and achievement in the workplace, provided that the organization discloses in advance on its website the nature of the program, the amount of the award, the names of any persons or entities that contributed to the award and the recipient of the award. Covered Benefit, based on Idaho State Board of Education policy, includes any other direct or indirect dealings with an organization from which the individual knowingly benefited (e.g., through receipt directly or indirectly of cash or other property in excess of $500 a year exclusive of dividends or interest).
Covered Relationship
An interest, activity, service, employment, gift, or other benefit or affiliation with an individual, organization, or entity that would be prohibited by policy. An individual is affiliated with an organization if the individual or a Family Member: 1.) is an officer, director, trustee, partner, employee, or agent of such organization; 2.) is either the actual or beneficial owner of more than five percent (5%) of the voting stock of or a controlling interest in such organization; 3.) has any other direct or indirect dealings with such organization from which the individual or Family Member is materially benefited. It shall be presumed that the individual is materially benefited if the individual receives, either directly or indirectly, money, services, or other property in excess of one thousand dollars ($1000) in any rolling twelve (12) month period in the aggregate or if the matter is a Covered Benefit.
Exempt Academic Activities
Activities which are an expected part of an academic professional portfolio and not otherwise required to be disclosed (e.g., by projects having Sponsored Funding). Examples include:
• Holding office in, or undertaking an editorial office or duties for a scholarly journal, academic press, or professional organization;
• Serving as a referee for a scholarly journal or an academic press;
• Serving on a professional review board, a government review panel, or a peer review body;
• Attending or presenting at professional meetings, workshops, colloquia, lectures, symposia, seminars, study sections, or training programs;
• Site visits in connection with accreditation, audits, or reviews for projects having Sponsored Funding;
• Writing or producing academically related books, articles, works of art, or other creative works ordinarily considered in decisions relating to employment status or salary; or
• University-related public engagement.
Family Member
Any person with whom an individual has a familial or guardianship relationship, including a legal dependent, parent, parent-in-law, guardian, step-parent, child, step-child, son-in-law or daughter in- law, brother, sister, spouse, aunt, uncle, niece, nephew, first-cousin, grandparent, grandchild, brother-in-law or sister-in-law, or any persons living in the same household.
Fiduciary Role
A role that imparts an obligation (i.e., a fiduciary duty) upon an individual to act on behalf of another person(s) or entity and put those interests, which are typically financial, ahead of one’s own. Positions and titles that include terms such as CEO, Scientific Officer, Vice President, executive, officer, director, or manager are designations that may indicate a role with fiduciary responsibilities.
Foreign Entity of Concern
See 15 CFR § 231.104 “Foreign entity of concern”
Institutional Responsibilities
Specific responsibilities or particular professional activities performed on behalf of the University that directly establish the substantive basis for supervisory assessment of an individual’s University job performance. For faculty, this includes activities such as research, research consultation, outreach, administrative duties, teaching, professional practice, or institutional committee memberships. For non-faculty, this includes the particular duties and responsibilities assigned to one’s position of appointment as expressed in one’s job description. University personnel are expected to meet the specific responsibilities and particular professional activities that constitute their corresponding commitments to their respective schools, colleges, academic units, or administrative units.
Management Role
Any role wherein a University employee’s responsibilities include formal supervision or oversight of personnel activities, as part of an organizational structure. Positions and titles that include terms such as CEO, Scientific Officer, Vice President, executive, officer, director, or manager are designations that may indicate a role with management responsibilities.
Moonlighting
An endeavor for financial profit that occurs outside of a University employee’s Institutional Responsibilities in a separate and distinct fashion. Moonlighting does not include excessive time or travel commitments that are an undue burden as to the availability of the employee to be on campus to perform their Institutional Responsibilities such as for a faculty member to carry-out research in a laboratory. Moonlighting does not include being paid for full-time regular employment elsewhere, which is prohibited by this policy. Moonlighting does not include a faculty member directly competing with the university, a diversion of a faculty member’s research opportunities, or a diversion of a faculty member’s research efforts. Moonlighting does not include engaging in an activity that requires an individual to compromise their professional judgment in performing their Institutional Responsibilities.
Outside Professional Activities
One or more additional professional activities carried-out for an external entity, whether compensated or not, that are beyond a University employee’s Institutional Responsibilities and are within their discipline or area of expertise (e.g., additional teaching for an external entity of the same course taught for the University, a faculty member committing effort through another institution or entity without a subcontract to the University on a research topic for which the faculty member is employed by the University).
Research
Any systematic investigation, study, or experiment designed to develop or contribute to generalizable knowledge, including basic and applied research (e.g., a published article, book or book chapter) and product development (e.g., a diagnostic test, drug or device). The developing or contributing generalizable knowledge includes development, testing, reporting. Research includes, but is not limited to, creative activities and projects such as training, clinical services, educational conferences, exhibitions, performances, archives, workshops, and library projects for which external funding is received. Accordingly, Research also includes any such activity for which a proposal is submitted for funding from external sources through a grant, contract or agreement, including, but not limited to, research grants, career development awards, center grants, individual fellowship awards, infrastructure awards, institutional training grants, program projects and research resources awards. Research can include projects that are funded by the University, or for which approval of an Institutional Review Board (IRB) (or IRB exemption) or Institutional Animal Care and Use Committee (IACUC) is required. Research may be performed across a variety of disciplines, fields of study, and areas such as biomedical, life sciences, natural sciences, engineering, humanities and arts, or social and behavioral sciences.
Significant Financial Interest
See 42 CFR § 50.603 “Significant financial interest”
Sponsored Funding
Non-philanthropic monetary or non-monetary support provided by a third party (foreign or domestic) to the University on behalf of an employee of the University, or provided by a third party (foreign or domestic) directly to the employee, typically for the purpose of advancing activities related to the Institutional Responsibilities of the employee. University Policy 5030 defines Sponsor and Sponsored Project; correspondingly, Sponsored Funding includes a Sponsored Project supported by a Sponsor.
Undue Influence
In general terms, the use of persuasion, authority figures, or the offer of an excessive or inappropriate incentive, reward, or other overture generally in which a person is coerced or induced to act otherwise than solely by their own free will or without adequate consideration of the consequences in order to potentially obtain something such as data, intellectual property, engineering analysis, manufacturing know-how, design methodology, research methods, research participation, operations protocols, services, compliance, or the like.
Unit Authority
A person responsible for an individual departmental unit with respect to Conflicts. Typically, a person in management to which a University employee reports directly, or as designated and assigned by the proper authority of the person in management. For example, the Unit Authority may be a Department Chair, Dean, Director, Vice President, or a similar official, unless a different similar official is designated by proper authority to work with the University’s Conflicts of Interest/Commitment Office with the advice and consent of the Conflicts of Interest/Commitment Office. The Unit Authority is responsible for ensuring that members of the individual departmental unit submit a timely annual disclosure and are familiar with this policy, related guidance, and related resources. The Unit Authority must review and remain informed about the Outside Professional Activities of members of the individual departmental unit. The Unit Authority is responsible for monitoring the level of Outside Professional Activities for appropriateness relative to the mission of the individual departmental unit and for compliance with this policy, related guidance, and related resources.