Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. Youngstown state
university (university) employees are responsible for meeting the
expectations and responsibilities of their positions with the university. At
the same time, the university recognizes that employees, the university, and
the community can benefit from employee involvement in and support of outside
organizations and industry. Employees may engage in outside consulting
services/employment provided that the consulting services/employment does not
interfere with the performance of their university responsibilities and/or job
performance, create a conflict of interest, or violate any university policy or
state or federal statute.
(B)
Purpose. To establish guidelines which allow employees to engage in outside
consulting/employment activities while continuing to fulfill their work
responsibilities and commitment to the university.
(C) Scope. This policy applies to all
full-time university employees, i.e, professional/administrative staff, deans
and chairpersons, classified staff, and all faculty with
administrative/supervisory duties. This policy does not apply to faculty
covered by rule 3356-7-18 of the Administrative Code
(university policy
3356-7-18, "Outside consulting/employment services - full-time
faculty").
(D)
Definition. In general, "outside consulting services or employment" is defined
as professional activity related to a person's field or discipline, where a
fee-for-service or equivalent relationship with a third party exists.
(E) Parameters.
(1) All employees subject to this policy are
covered by Ohio ethics laws in Chapters 102. (ethics) and 2921. (offenses
against justice and public administration) of the Revised Code.
(2) Employees providing consulting services
should also refer to rules
3356-7-01,
3356-5-12,
and
3356-4-19
of the Administrative Code
( university policies 3356-7-01, "Conflicts of interest and
conflicts of commitment," 3356-5-12, "Licensing of university names and marks,"
and 3356-4-19, "Use of university equipment")
.
(3) Outside consulting services/employment is
generally allowed unless it interferes with an employee's university duties or
presents a conflict of interest regarding these duties. 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.
(See rule
3356-7-01,
"Conflicts of interest and conflicts of commitment" of the Administrative
Code.)
(4) Failure to adequately
perform university responsibilities due to involvement in outside
consulting/employment is considered neglect of duty and may result in
corrective action up to and including termination, regardless of whether the
activity has been reported or approved.
(5) Any outside consulting
services/employment should be performed outside of an employee's regular work
schedule. When this is not possible, the employee must use accrued vacation or
personal leave, provided such leave is approved in advance.
(6) University facilities, supplies,
equipment, and resources, including letterhead, the university name and logo
(collectively referred to as "resources") may not be utilized when providing
consulting services/employment without the prior written approval of the vice
president for finance and business operations and the provost or appropriate
vice president and appropriate compensation for the use. Approval for the use
of university resources does not negate the university's rights to and interest
in discoveries, inventions, or patents pursuant to Ohio law.
(7) An employee may not use their affiliation
with the university in a manner that suggests university approval of or
involvement with the service/employment or any product, activity, purpose or
findings of the service or work.
(F) Procedures.
(1) All full-time employees engaged in
outside consulting/employment shall annually complete the
outside
consulting/employment disclosure form (form),
regardless of whether or not that engage in outside
consulting/employment.
(2)
Employees shall submit the
completed form to their immediate supervisor for approval/disapproval at least
thirty days prior to the commencement of the consulting/employment services.
The supervisor shall complete their review and forward the completed form to
the office of human resources.
(3)
Prior approval may be rescinded at any time if the outside
consulting/employment interferes with an employee's university duties or
presents a conflict of interest regarding these duties.
(4)
The office of human resources will forward a copy of the completed form,
whether approved or disapproved, via university email to all signatories. The
office of human resources will also forward a copy to the office of research
services.
The office of human resources will
maintain the forms and information in accordance with university retention
schedules.
(5) All employees are
under a continuing duty to update the form when circumstances change.
(G) Policy violations. Failure to
adhere to this policy, including but not limited to failure to properly report
outside consulting services/employment, may result in corrective
action/discipline up to and including termination.
