Undue Influence as a Conflict

In general terms, Undue Influence is 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.

Undue Influence with respect to Procurement or Purchasing

Potentially conflicted university personnel who have, or reasonably anticipate having, an ownership interest, a significant executive position, or another remunerative relationship with a prospective supplier of goods or services to the University, or who know that a Family Member or other person with whom they have a personal or financial relationship has such an interest, must avoid Undue Influence and must not participate in the preparing of specifications, qualifying vendors, directly influencing negotiations, selecting successful bidders on products or services in which they have an interest, or approving payment to those interests. P-Cards may not be used for purchases with respect to any potentially conflicted university personnel unless prior approval is given by the conflicts of interest/commitment office. University personnel must adhere to University procurement and inventory processes without Undue Influence of unauthorized direct purchase of research supplies or equipment.

Undue Influence with respect to Human Subjects or Health-related Matters

Conflicts and Undue Influence related to human subjects research deserve special scrutiny because of their potential to affect the rights and welfare of human subjects. Such Conflicts may arise when researchers conduct research that is sponsored by, or involves a product of, an entity with which they have an external relationship. The welfare and safety of research participants in health-related matters is paramount. The fact that a researcher has or appears to have a Conflict does not preclude conduct of that research, but the Conflict and potential for Undue Influence must be disclosed. The Conflict can then be managed in a way that positively facilitates that the welfare of subjects and the integrity of the data are not compromised by the Conflict.

Undue Influence with respect to Textbooks/Academic/Course Materials

Academic materials can include any materials prepared by an instructor for use in teaching a course, including lectures, lecture notes, syllabi, study guides, bibliographies, visual aids, images, diagrams, multimedia presentations, examinations, web-ready content and educational software but excluding University Sponsored Materials and University Directed Materials as in University Policy 1090. When selecting textbooks or any other materials for courses, it is imperative that departments and faculty members avoid any appearance of a Conflict of Interest in assigning faculty-created academic materials in the faculty member’s or department’s classes. While not expressly prohibited, the assignment of faculty-created academic materials should ensure that the faculty member does not profit from this arrangement. If the spending of such royalties is controlled by the faculty member, or even the department, it could be argued that the motivation for assigning the academic materials is monetary gain, raising an integrity issue such as Undue Influence. As a result, the price of the academic materials should be reduced or the royalties should be used for a philanthropic purpose within the university, such as scholarships.

Undue Influence with respect to Licensing of Intellectual Property

Conflicts are a predictable and expected result of proper research and commercialization efforts at the University. The University will make reasonable efforts to accommodate appropriate private sector relationships that arise from technology transfer, provided these relationships are compatible with University policy and free from Undue Influence. Licensing of university owned intellectual property to university personnel or an entity with which an individual has an affiliation with or financial interest in must be made solely on the basis of promoting the best interest of Idaho’s postsecondary education, Idaho State Board of Education policies and licensing guidelines, and the public good.

Undue Influence with respect to Foreign Associations

The U.S. Government (including federal funding agencies, intelligence agencies and Congress) has expressed increasing concerns about foreign threats to federally funded research activities, including diversion of intellectual property, sharing of confidential or proprietary information, and other breaches of research ethics. As recipients and stewards of federal funds for research and education, the University and university personnel share a responsibility to acknowledge these threats and facilitate the protection of the United States’ interests by following federal and state laws, as well as University policies, when engaging in international collaboration and research. While most international collaborations are acceptable and encouraged, as part of its obligations for facilitating and administering federally funded research, the University must facilitate thorough transparent disclosure. When activities include foreign components or international involvement, university personnel must appropriately disclose this information to the University. The University relies on both these practices and the individual’s representations when it completes various institutional certifications to the U.S. government.

Undue Influence with respect to Student Activities

The University is committed to protecting the educational interests of students and maintaining an open environment free from Undue Influence of outside interests. The advice and guidance given to students (including the nature and direction of Research or other studies as well as employment opportunities outside the University) should always be governed by what is in the best academic interest of the student. Prudence must be exercised when directing students and supervised employees toward activities from which a mentor might financially benefit.

Undue Influence with respect to Gifts

Gifts of cash or cash equivalents (e.g., gift cards, stock) in any amount may not be accepted by university personnel or their Family Members, except that bona fide awards or honoraria may be accepted if approved under this policy. Approval to accept a gift with a value exceeding $50 (e.g., travel, lodging, entertainment, meals, payment of an expense, charitable contributions, donations) from any person or entity doing business or seeking to do business with the University must be received from the conflicts of interest/commitment office prior to acceptance of the gift in order to address Undue Influence matters. Trivial benefits that are not in excess of $50 may be accepted provided that such benefit is incident to personal, professional, or business contacts and involves no substantial risk of undermining impartiality. For example, a one-time act of receiving a book does not need approval.