FACULTY HANDBOOK July 2009 - Morgan State University

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PAGE 150 * Morgan State University Faculty Handbookappearance of conflict of interest may arise in the context of the State EthicsLaw, an advisory opinion should be obtained from the State Ethics Commission.¹2. In situations, which have the appearance of conflict, a faculty member mustinform the department chair or other appropriate administrator according toUniversity procedures.III.APPLICATIONA. Nothing contained in this policy shall be construed as imposing any obligations onfaculty members to the University beyond those required by law or contract, not asadding any grounds for termination of a faculty appointment beyond those stipulated inthe policies governing faculty appointments, ranks, and tenure, as approved by theBoard of Regents.B. Procedures shall be developed and published to implement this Policy. Suchprocedures shall include provisions for regular reporting by faculty members to theinstitution on all outside professional consulting and external professional services, andany other external professional activities, whether income producing or not._______________________________________¹The Maryland Public Ethics Law (Article 40A of the Maryland Annotated Code) provides that a Stateofficial or employee cannot be employed by, or have a financial interest in, any entity which isnegotiating or has entered into a contract with the State agency or institution where he or she is employed.(Section 3-103 (a)(1) (I). The Maryland Public Ethics Law similarly bars a State official or employeefrom holding any other employment relationship, which would impair the impartiality and theindependence of judgment of an official or employee. (Section 3-103 (a)(1) (ii). The Public Ethics Lawdefines “financial interests” as:(1) Ownership of any interest as a result of which theowner has received, over the past three years, or ispresently receiving, or in the future is entitled toreceive, more than $1,000 per year, or(2) Ownership, or the ownership of securities of any kindrepresenting or convertible into ownership, of more than 3% of abusiness entity.(Section 1-201 (m).Approved by the Board of Regents 03/20/1996
PAGE 151 * Morgan State University Faculty HandbookPOLICY ON CONFLICT OF INTEREST FOR FACULTY INTEREST IN SPONSOREDRESEARCH AND ECONOMIC DEVELOPMENTIMaryland law establishes certain conditions for faculty interest in certain sponsoredresearch or development activities, as a part of its other ethics requirements specified in thelaw. The following policy is consistent with these conditions.A. A faculty member may have an interest in or serve as an employee, director, or officerof an entity engaged in sponsored research or development, or an entity having a directinterest in the outcome of sponsored research, if:1. such interest, service, employment, or other relationship to the entity ispublicly disclosed on a form approved by the State Ethics Commission.The form shall be filed with the Commission and a copy maintained as apublic record at the educational institution, and2. the interest, service, employment, or other relationship to the entity isapproved by the President in accordance with the University’s facultyconflict of interest policies and procedures and this policy. No interest,service, employment, benefit or other relationship shall be approved if thefaculty member has substantial agency policy or managementresponsibility for the sponsored research or development.B. If the above provisions are not met, the faculty member is not exempt from any of theprovisions of Title 3 of Article 40A of the Annotated Code of Maryland. Exemptionprovisions under this section apply only to faculty activities related to sponsoredresearch or development and not to other activities by the faculty member that mayconstitute a conflict of interest, but is not related to the sponsored research ordevelopment.II.PROCEDURESA. The University shall develop and implement a procedure for faculty seeking approvalto hold an interest in or to serve as an employee, director, or officer of an entityengaged in sponsored research or development, or an entity which:1. has a direct interest in the outcome of sponsored research ordevelopment administered by the University;2. is engaged in sponsored research or development administered by theUniversity;University.3. participates in economic development programs administered by theB. Procedures shall include:1. Disclosure ProvisionsThere shall be a requirement for timely disclosure of faculty interest, service, employment,gifts or other relationships to the entity. The disclosure shall include those relationshipswhich would be required for filing under title 4 of Article 40A of the Maryland AnnotatedCode and should address both actual conflict and the appearance of conflict.
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FACULTY HANDBOOK July 2009 - Morgan State University

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