Young Harris College      Young Harris College Employee Handbook
Policy

Conflicts of Interest

Real or potential conflicts of interest between the College and its Employees should be avoided whenever possible, and disclosed at all times they cannot be avoided. All Employees occupy a position of trust with the College, and have an obligation to perform their jobs with good faith, diligence, loyalty and honesty, including the duty to disclose any actual or possible conflict of interest. If this is not clear to you or if you have questions about conflicts of interest, contact the Human Resources Director.

An actual or potential conflict of interest exists when you are in a position to influence a decision or have business dealings on behalf of the College that might result in a personal gain for you or for one of your relatives. An actual or potential conflict of interest may also exist when you gain information through your employment that could be used for your personal gain or the benefit of your relative. For conflicts of interest, a relative is any person who is related to you by blood or marriage, or whose relationship with you is similar to that of a relative although he or she is not related to you by blood or marriage.

The possibility for personal gain is not limited to situations where you or your relative has a significant ownership in a firm with which the College does business. Personal gains can also result from situations where you or your relative receives a kickback, bribe, substantial gift, or special consideration as a result of a transaction or business dealing involving the College.

A 'Conflict of Interest Statement' must be signed by all College officers, administrators, faculty, and employees at the time of their employment with the College (or at the time this policy is enacted, for existing employees), and delivered to the Human Resources office. The Human Resources office will distribute such statements to all employees for their execution annually. Failure to complete or sign the statement upon request will be deemed an admission of an actual conflict of interest.

Whenever an Employee believes he or she has, or may have, a conflict of interest, the Employee should complete and sign the College's 'Conflict of Interest Disclosure Form,' and return it to the Human Resources office. The Human Resources office shall distribute such disclosure forms to College personnel who need to be advised of the disclosed conflict, and shall retain all such conflict disclosure forms for at least three years beyond the termination of any public grant to which the disclosure relates.

Conflicts involving faculty are to be resolved by the President and the Academic Dean. Conflicts involving other Employees except the President are to be resolved by the Provost and the Human Resources Director. Conflicts involving the President are to be resolved by the Committee on Trusteeship, Governance and Compensation of the Board of Trustees.

Faculty

The College requires disclosure of financial information from faculty members when an actual or potential conflict of interest situation may be presented. In general terms, a conflict may exist when the resources of the College, whether cash, physical facilities, equipment, or human resources, including grant funding from public agencies, are being used by a faculty member on a project in which the faculty member (including immediate family) has a separate personal interest, usually financial in nature.

Faculty members must fully and truthfully disclose conflict of interest situations, and should not hesitate to seek guidance from the Vice President Academic Services when in doubt about how to address any situation. Conflicts which arise in projects that are funded by public agency grants could subject the faculty member to criminal sanctions and civil liability under state or federal laws.

While it is impossible to identify all situations which could require disclosure, the following circumstances require prompt filing of the College's 'Conflict of Interest Disclosure Form' if real or possible conflicts exist '

When you become aware of a conflict between your personal financial interests and those of the College in the course of your ongoing work;

Any time you wish to use College facilities, equipment or personnel for your outside consulting or business activities;

Any time you require students to purchase publications or materials that you created, such as textbooks, workbooks, etc.

Any time you wish to employ or use students or other College employees in any research work related to or supported by an outside firm in which you have an interest;

Any time you are an 'investigator' (as defined in NSF Grant Policy Manual, Section 310) or in another capacity responsible for the design and conduct, or reporting of research or educational activities funded or proposed for funding by NSF or other governmental agency;

All Employees

Employees who have, directly or through family or business connections, an interest in any suppliers of goods or services, or in contractors or potential contractors with the College, should not select, award or otherwise participate in the selection or awarding of any contract for the College, or otherwise act for the College in any transaction involving that interest.

Employees must refrain from personal activities, including but not limited to the purchase or sale of securities, real property or other goods or services, in which they could use, or might appear to have the opportunity to use, for personal gain, confidential information or special knowledge gained as a result of their relationship with the College.

Every Employee shall refrain from unauthorized disclosure of nonpublic information concerning the College's students, and the College's intentions, its investments, its property development, sale or acquisition, its purchasing or its contracting activities.

No Employee shall make unauthorized use of College resources for his or her personal benefit or for the benefit of any other person.

Employees should discourage personal gifts and favors from people with whom the College has a business relationship. Personal gifts of more than nominal value should be declined or returned to avoid any appearance or suggestion of improper influence.

No Employee should act in any College matter involving a member of his or her immediate family, including but not limited to matters affecting such family member's employment, evaluation or advancement in the College. Members of the same family may not be employed in a situation where one member of the family works under the supervision of another except with the approval of the President. Relevant provisions of the Faculty Handbook will be observed in any cases involving faculty members.

In any case in which an Employee believes that his or her conduct or activities or relationships may conflict with these guidelines, or may give the appearance of conflicting with these guidelines, the Employee should promptly complete the College's 'Conflict of Interest Disclosure Form' and present it to the Human Resources office.

Policy violations

A violation of this policy may result in disciplinary action up to and including termination of employment, cessation or prohibition of business with a vendor, and other appropriate remedies.

It is also a violation of College policy to retaliate against an individual who reports a potential or perceived violation of this conflict of interest policy. If an individual believes that retaliation has occurred or is threatened, he or she should report it immediately to his or her supervisor or the Human Resources Director. The identity of a person reporting conduct in accordance with this policy will be kept confidential to the extent possible with an adequate investigation.


Policy No.  108  Issued  3/1/2009    

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