16.02 Competitive Bids
16.03 Approval of Consulting/avoiding Conflicts of Interest
16.04 Consulting By Academic Year/Part-Time Employees
16.05 Consulting During Leave Periods
16.06 Consulting Activities In Faculty Reviews
16.07 Use of University Resources
16.08 Prohibited Activities
Consulting is any additional activity beyond duties assigned by the institution, professional in nature and based in the appropriate discipline, for which the individual receives additional personal remuneration during the contract year. Remuneration for consulting is paid by agencies or individuals outside the University and the funds upon which consulting payments are drawn are not controlled by the University.
Faculty members are encouraged to write for scientific and technical periodicals, to write books in their professional fields, and to engage in other creative and professional activities as part of their duties. Such scholarly writing will not be considered consulting and will not be subject to this policy unless such activity interferes with the assigned duties of the faculty member.
Faculty may engage in private consulting activities in a manner consistent with the following policies and procedures. All consulting assignments are also subject to the conflict of interest policies.
In all private consulting engagements, the faculty shall notify the client in writing that:
- the faculty member is acting as a private consultant and not as an employee of the University,
- the University is not a party to the contract nor responsible for the performance thereof, and
- the University is not liable in any way for property of the client utilized for test, observation, or otherwise in connection with the consulting engagement, nor for consequent damages.
Faculty shall use the form provided by the Office of the Vice President for Research, Technology Transfer and Creative Activities for this purpose
Faculty under contract to the University may submit competitive bids as private consultants if:
- the project does not require substantial use of University resources;
- the project will not interfere with the assigned duties/time commitments of the faculty or staff member;
- the project does not interfere with any contractual obligations of the University; and
- the project will not create an actual or apparent conflict of interest.
Faculty under contract with the University who wish to submit a bid in connection with his or her private consulting activities must obtain approval from the department head before submitting the bid.
In no case will consulting activities detract from the performance of the faculty member's regularly assigned duties. Faculty consulting activities that will result in more than a one-day absence from the faculty member's usual work schedule or which will average more than one work day per week during the employee's contract period must be approved in writing in advance by the department head and college dean. Faculty members will use annual leave or leave without pay for consulting activities that take them away from the University or their University assignments for more than an average of one work day per week during the contract period.
Consulting activities that create an actual or apparent conflict of interest with the faculty member's University duties must be disclosed in writing to the department head and college dean. The faculty or staff member may accept the consulting assignment only if the dean determines that adequate safeguards are implemented to eliminate or appropriately reduce the effect of the conflict of interest.
All consulting assignments shall be reported to the department head annually using the procedures established by the University.
Faculty on academic-year contracts and part-time faculty may engage in private consulting activities during the hours and periods they are not under contract to the University. Any use of University facilities, equipment or personnel must conform to Section 16.07.
The University encourages faculty members to take annual leave for rest and recuperation. However, compensated consulting activities conducted during annual leave periods should conform to the policies in this section.
Any department and/or college may adopt standards for faculty review that consider favorably the consulting activities of a faculty member. Consulting activities may be included in dossiers submitted for annual review, retention, tenure and promotion if authorized by the department and/or college standards and such activities were conducted in accordance with the requirements of this section
- Employees may use facilities and equipment of the University in consulting work if such use does not interfere with classes or other University activities and the University is fully compensated for the full costs of such use. Written approval of the department head is required and the dean will be informed. An employee shall not make substantial and regular use of University resources for his or her private business purposes.
- An employee acting as a consultant may not use University employees or students in consulting assignments without the written approval of the department head, who shall report such arrangements to the college dean. The consultant's use of University employees may not conflict with the employee's scheduled working hours and assignments. The faculty member is responsible for the payment of any persons used in consulting assignments and compliance with all state and federal employment laws.
- Any employee who uses University resources in private consulting work must enter into a written "use agreement" with the University that must be approved by Legal Counsel. This agreement shall set forth the terms, conditions and full payment for the use of any University resources, prior to use.
- Employees acting as private consultants may not authorize other persons to use University resources without the written permission of the dean and the execution of an appropriate facility use agreement that provides for appropriate insurance protection for the University.
Faculty engaged in consulting must comply with the following:
No University stationery or forms may be used in connection with private consulting work or professional practice. The employee shall use his or her home or other off-campus address and telephone number on correspondence and advertising. The name of the University shall not be used in advertising or otherwise without the written consent of the President or designee.
Faculty engaged in private consulting or professional practice may not, assign, commit, contract away or otherwise affect University rights, including rights to intellectual property, without the express written consent of the Office of Vice President for Research. Private consulting arrangements and commitments shall not bind, commit or attempt to affect the rights of any University faculty, students or staff without their express written permission, with copies given to the department head. Any attempt by faculty to assign, commit, contract away or otherwise affect University rights in violation of this policy shall be null and void. Faculty members performing consulting services shall inform their consulting sponsors of this policy at or prior to the time they enter into their consulting arrangements.
Consulting arrangements with non-University sponsors may not be used to circumvent University Grants and Contracts activities. Consulting assignments that will require substantial use of University facilities, personnel, or other resources, must be arranged through the Office of Sponsored Programs unless that office, upon being fully informed, determines that the assignment does not constitute appropriate grants and contracts activity.