Conflict of Interest

No.  3-36   Rev.  7-27-83     Date   8-17-77    


The purpose of the policy is to set forth standards of conduct for University employees in areas where there may be actual or potential conflicts of interest between their responsibilities to the University and their private interests.

Utah Public Officers and Employees' Ethics Act

This policy is intended to be consistent with the Utah Public Officers' and Employees' Ethics Act (Utah Code Annotated 67-16-1 et. seq.) and is not intended to replace any portion of that Act which is assumed to be binding, in its entirety, upon all employees of the University.

University Employees and Outside Businesses

This policy does not intend to deny any University employee the opportunities available to all other citizens of the state to acquire private economic or other interests so long as this does not interfere with full and faithful discharge of the employee's University duties.

While the University has the right to place restrictions on the activities of its employees that may be necessary to insure the discharge of their responsibilities, it must make special efforts not to abuse that right. The intent of this policy is to provide rules which attempt to reconcile conflicts between outside demands on employee's time and their varied University responsibilities.

This policy also recognizes the need to prohibit a conflict of interest which may arise if any employee of the University has a management position or a substantial monetary interest in any organization with whom the University may enter into a contract for equipment, supplies or services.

Limitations on Outside Participation

All employees of the University shall refrain from entering into any outside demand for their time, talents or expertise that may (a) interfere with their ability to carry out their contractual responsibilities to the University, including utilization of independence of judgment or (b) make use of the University's resources or facilities. As a member of the community, the University encourages non-University service as long as responsibilities to the University are fully met.

Employees engaging in outside activities may identify their association with the University but shall see that the name of the University is not used in any way that implies endorsement or approval of the activity. They shall not use the official stationery of the University or give as a business address any building or unit of the institution in connection with outside non-professional or professional activities. They shall not use University equipment or services for activities not relevant to their University responsibilities. Use of certain University equipment or services are generally available to University personnel for the payment of a reasonable fee.

Employees who testify either in person or by way of written communication before any public body or public official regarding any issue or matter up for consideration, discussion or action and who are identified as employees of the University, shall make known clearly, completely and candidly whether they are, or are not, speaking on the matter as representatives of the University. Where they are not speaking for the University, they shall either indicate that they are speaking for themselves or shall identify the sponsoring individual, corporation or organization which is supporting or has supported their studies relevant to the testimony or under whose auspices they are appearing or sending the communication. They shall also explain the conditions of their association with the sponsor.

No employee shall use the computer center or any data processing facilities for services not relevant to their University responsibilities unless and until they have established a contract to pay the computer center, from non-University funds, fair and reasonable charges for such services.

The University will not enter into a contract for supplies, equipment or services with any organization in which an employee has a management position or substantial monetary interest if there is a possibility of a conflict of interest existing or developing in the future. If cases develop in which vital supplies, equipment or services can be obtained only from an organization which falls within this prohibition, the exception to the policy may be granted by the Board of Trustees upon the recommendation of the president.

Disclosure of Interest

If an arrangement that might result in a conflict of interest is contemplated, the employee must make full disclosure of the arrangements to his/her department chair and dean or analogous supervisors and receive their approval before participating in the arrangement.