Introduction These Procedures implement ºÚÁÏÍø±¬³Ô¹Ï Policy IV-2.00 ºÚÁÏÍø±¬³Ô¹Ï Policy on Conflict of Interest in Research and Development. In accordance with ,Ìý, and the State Ethics Law, in addition to other existing USM and ºÚÁÏÍø±¬³Ô¹Ï policies on professional commitment of faculty, outside consultancy, and conflict of interest, these Procedures sets forth the requirements to obtain such exemptions from the State Ethics Law when ºÚÁÏÍø±¬³Ô¹Ï collaborates with external entities for research and development.
Scope All ºÚÁÏÍø±¬³Ô¹Ï officials and employees shall comply with these Procedures.
Definitions
Designated Official: The ºÚÁÏÍø±¬³Ô¹Ï staff member(s) tasked with reviewing the disclosure form.
Harmful Interest: An interest which is found by the Designated Official to be so influential as to impair impartiality in the conduct of research, the interpretation of the results of the research, and/or the determination of research or other professional or employment priorities.
Relationship: Means any interest, service, employment, gift, or other benefit or relationship. "Relationship" includes any relationship of the spouse or other relative (father, mother, sister, brother, or child) of an officer or employee if such relationship would create restrictions on the officer or employee under the conflict of interest provisions of the Public Ethics Law.
Research or development: Means basic or applied research or development and includes:
The development of marketing of university-owned technology;
The acquisition of services of an official or employee by an entity for research and development purposes; or
Participation in State economic development programs.
State Ethics Law: The law contained in the Annotated Code of Maryland – General Provisions – Title 5 – Maryland Public Ethics Law.
Procedures
Timely Disclosure of any Relationship
ºÚÁÏÍø±¬³Ô¹Ï requires timely disclosure of any relationship, defined herein, which would otherwise be prohibited by this Policy or the State Ethics law.
Outgoing (or former) officials or employees shall take any necessary steps to ensure compliance with this Policy when transitioning from ºÚÁÏÍø±¬³Ô¹Ï employment to a position at another organization or interest in such organization. Failure to do so may result in notice to the Ethics Commission.
Review of Claim for Exemption by Designated Official
ºÚÁÏÍø±¬³Ô¹Ï officials or employees claiming an exemption under this Policy shall complete the disclosure form, available from the Office of Legal Affairs.
An employee may not engage in the research and development activities until he or she receives final approval from the ºÚÁÏÍø±¬³Ô¹Ï President.
The Office of Legal Affairs shall forward the disclosure form to the Designated Official for review and evaluation.
The Senior Vice President and Chief Operating Officer shall review the disclosure form submitted by ºÚÁÏÍø±¬³Ô¹Ï staff member(s) and other ºÚÁÏÍø±¬³Ô¹Ï officials.
The Chief Learner Experience and Success Officer shall review disclosure forms submitted by ºÚÁÏÍø±¬³Ô¹Ï Faculty members and members of the divisions of Academic Affairs.
The Designated Official in reviewing the disclosure form:
May request further information to be disclosed;
Shall determine whether or not the disclosed relationship represents a harmful interest; and
Shall determine the restrictions, if any, which shall be imposed by ºÚÁÏÍø±¬³Ô¹Ï to manage, reduce or eliminate any actual or potential conflict of interest.
Following completion of the disclosure form review, the COO or Provost shall forward the form to the ºÚÁÏÍø±¬³Ô¹Ï President.
Approval of the Claim for Exemption by the President
The ºÚÁÏÍø±¬³Ô¹Ï President shall approve or deny the claim for exemption as described in the disclosure form. The decision of the ºÚÁÏÍø±¬³Ô¹Ï President shall be the final decision.
If the Designated Official determined that the disclosed relationship represents a harmful interest, then approval shall not be granted.
Post-Approval Conflict of Interest
If, after approval of the claim for exemption, a new or unforeseen conflict of interest arises between the ºÚÁÏÍø±¬³Ô¹Ï employee/official and the entity engaging in research and development, the ºÚÁÏÍø±¬³Ô¹Ï employee/official shall promptly disclose such conflict, in writing, to the Office of Legal Affairs who shall forward such disclosure to the Designated Official for processing.
Enforcement ºÚÁÏÍø±¬³Ô¹Ï officials or employees who violate the Policy or Procedures may be subject to disciplinary action up to and including termination of employment. In addition, the Ethics Commission may be notified of violations of the Policy or Procedures.