Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. All employees have a
fundamental responsibility to act in the best interests of Youngstown state
university ("YSU or university") and are to avoid
conflicts of interest and conflicts of commitment in the conduct of university
business. As part of this responsibility, the university expects all employees
to apply their time and effort appropriately and to avoid any situation which
conflicts with or gives the appearance of conflict in objectivity or job
performance.
(B) Purpose. To
educate university employees about conflicts of interest and conflicts of
commitment and to provide guidance on addressing and managing such
conflict.
(C) Guidelines.
(1) A conflict of interest typically exists
when financial, professional, or other personal considerations directly or
indirectly affect or benefit, or have the appearance of affecting or
benefiting, an employee or the employee's family or business associates.
Employees are expected to avoid participating in decisions or actions on behalf
of the university which may result in or appear to result in such
benefit.
(2) A conflict of
commitment typically exists when an employee engages in outside activities,
either paid or unpaid, that interferes with the performance of university job
duties and responsibilities. Employees are expected to avoid any situation
which compromises, or appears to compromise, their loyalty to the university
and commitment to their university responsibilities.
Full-time faculty and administrative
appointments should be regarded as full-time employment responsibilities to the
university. All outside activities, whether for compensation or otherwise, must
not be performed at the expense of the individuals primary responsibilities to
the university.
(3)
State ethics laws.
(a) Section
102.03 of the Revised Code
prohibits employees from soliciting or accepting or influencing one to give
anything of value when it comes from a party who is interested in a pending
matter or doing or seeking to do business with the university.
(b) Sections
2921.42 and
2921.43 of the Revised Code
prohibit public employees from having an unlawful
interest in a public contract and from accepting
payment from another entity for the performance of one's YSU duties.
(i)
These statutes also prohibit a public employee's family and business associates
from having an unlawful interest in a public
contract.
(ii) The Revised Code
provides certain exceptions to these prohibitions; however, all exceptions must
be approved in advance through the office of contract compliance.
(c) An employee must
report
any
potential conflict on the "Conflict of Interest Certification Form." The
following procedures are designed to ensure integrity in the conduct of
university business.
(D) Use of self-authored material in a course
taught by the author/co-author. Educational materials authored by instructors
can be valuable and unique course resources. However, in order to avoid even
the appearance of a conflict of interest, no university employee is to receive
private gain arising from the sale of textbooks or other materials used in a
Youngstown state university course in which the employee is an instructor.
Therefore, an employee/instructor, including full and part-time faculty, who
wishes to use self-authored materials must:
(1) Waive royalties or other type of personal
gain, or
(2) Designate the
university or a recognized professional organization or honorary to receive
such royalties or gain. This option must ensure that there will be no potential
for future personal gain by the employee.
(3) Both of these options require an
instructor to submit documentation of adherence to the above requirements to
the appropriate dean and the provost/vice president for academic affairs.
Written approval must be received from the appropriate dean and the
provost/vice president of academic affairs prior to the use of self-authored
materials. The written request and approval must identify the instructor, the
course(s), the educational materials, the options being utilized, and will be
retained by the appropriate dean.
(4) Employee/instructors are prohibited from
bypassing these requirements through arrangements between or among fellow
employees/instructors for the use of each other's self-authored materials for
private gain.
(E) Annual
reporting requirements.
(1) All
employees :
(a)
Authorized to
sign for expenditures;
(b)
Involved in making or influencing purchasing decisions
on behalf of the university; or
(c)
Whose family or
business associates or oneself is doing business with the
university;
(d)
Are required to complete a "Conflict of Interest
Certification Form" annually.
(2)
The employee
shall submit the completed form to their immediate supervisor for review and
each reviewer shall forward to the next level. This process continues until the
form is reviewed and signed by the appropriate vice
president/provost.
(3) The contract
compliance officer and the controller will review these forms and make any
determinations necessary. The forms are retained in the office of contract
compliance and will be shared with other offices as
appropriate.
(4) Employees are under
a continuing obligation to update information on the form as circumstances
change.
(F) Use of
university resources. University resources are to be used only in the interest
of the university. Employees may not use university resources, facilities,
personnel, equipment or confidential information as part of their outside
consulting activities or for any other non-university purpose
(see university policy, rule
3356-4-19
of the Administrative Code, "Use of university equipment").
(G)
Additional
disclosure requirements. Any employee, whether or
not they meet the criteria of paragraphs (E(1)(a) to (E)(1)(c) of this rule,
must also complete the "Conflict of Interest Certification Form" in order to
make the following disclosures.
(1)
Employees are also required,
annually or as soon as possible, to disclose to
their department head any of the following:
(a) Any employment at the university in
addition to primary employment (i.e., part-time teaching position,
etc.).
(b) Outside employment
that may interfere or conflict with the primary
employment of the university.
(c) Other interests or activities that
require commitments of time that may interfere with meeting university
obligations.
(d) Use of supplies,
equipment, or university resources for non-university purposes.
(e) Receipt of gifts or entertainment of more
than nominal value from suppliers of goods or services.
(f) Receipt of gifts or entertainment of more
than nominal value from persons associated or seeking association with the
university.
(2) The appropriate department head will
review the disclosed information to determine whether a conflict of interest or
commitment, the appearance of a conflict, or the potential for a conflict
exists. If the department head is uncertain as to whether a specific situation
constitutes a conflict of interest, they will consult with their
supervisor.
(3) If it is determined
that a conflict of interest, the appearance of a conflict of interest, or the
potential for a conflict of interest, does exist, the department head and
employee will together develop a written statement of action to protect the
university by managing, reducing, or eliminating the conflict situation. If the
statement is mutually agreed upon, a copy will be submitted to the next highest
level of authority for approval.
(4) If the department head and employee
cannot mutually agree upon a statement of action, or if the statement of action
is not approved by the next highest level of authority, the situation will be
referred to the appropriate dean/executive director or vice president for final
determination.
(5) An employee
unsure of the applicability of this policy should consult with the office of
the controller or the office of contract compliance.
(H) Policy violations. Violations of this
policy, including failure to disclosure required information or the knowing
submission of an incomplete, erroneous, or misleading "Conflict of Interest
Certification Form" may result in discipline up to and including termination in
accordance with applicable disciplinary policies and collective bargaining
agreements.
