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CHAPTER THREE: 3260
EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF
January 2008
3260
PROFESSIONAL CONSULTING AND ADDITIONAL WORKLOAD
PREAMBLE: One of UI's objectives is to "apply the benefits of knowledge
by making expert faculty available to individuals and organizations for
consultation or research on problems in the state." To maintain and
increase the competence of faculty and staff members, the regents encourage
professional consulting under the conditions outlined below. This section
was original to the 1979 Handbook and Section B on Regents Policy was
added July 2002. In June 2005, President White created an ad-hoc Committee on
Ethical Guidance and Oversight charged with reviewing, revising and developing
policies on conflicts of interest, nepotism and ethical conduct. As a result,
in the fall of 2007 changes were made to this policy, FSH
3170, 6240, 6241 and
6242. Unless otherwise noted,
the text is that of 1996. Further
information may be obtained from the Provost's Office (208-885-6448).
[rev.
7-02, 1-08]
CONTENTS:
A. Definitions
B.
Policy
C. Procedures and Requirements
A.
DEFINITIONS.
A-1. Consulting. As
used herein shall mean any professional activity for which a UI employee is
paid that is external to UI or clearly beyond the assigned duties for which
the employee is appointed and paid by UI. [add. 1-08]
B. POLICY. Faculty and staff on
full-time appointment owe their primary employment responsibility to UI. They
are expected to fulfill, to the best of their abilities, the responsibilities
established in their respective position descriptions. Full-time employment
requires a work effort of at least 40 hours a week. No employee is to receive
additional compensation from any source for work performed as a part of his or
her regular full-time UI employment. [See also FSH
3170.] [ed. 7-99, 1-08]
B-1. Consulting. Consulting activity must have prior
written approval by the employee's departmental head or supervisor and dean or
director/administrator consistent with section C herein, prior to initiation
of the consulting activity. Each
department must have a process for implementing this policy that has been
approved by the dean of the college or the head of the unit. Approval of
consulting activity may only be granted if the proposed activity satisfies the
following criteria: [rev. 7-02, 1-08]
a. It is compatible with the employee's professional competence.
b. It does not constitute unfair competition with a similar non-UI
service already available. (Fees charged should be commensurate with the
professional standing and experience of the consultant.)
c. It will not impair, in quality or quantity, the performance of the
employee's assigned duties. (Full-time employees are expected to limit
consulting to 39 days in an academic year or 48 days in a fiscal year—normally
one additional day each week over the full-time commitment. This limitation
does not apply to activities in which the employee engages during periods of
vacation leave or on legal holidays, or during the summer for nine month
appointments, or where actual practice in an employee's professional field
is required by the employee's job description and any such practice has the
approvals required herein.) [rev. 1-08]
d. It does not involve the use of any UI supplies, equipment, or
facilities, except as provided in a current agreement (further discussed in
C-2 c) signed by the vice president for administration and finance. [ed.
11-10]
e. The clients is informed that the faculty or staff member is acting as
a private consultant and that UI is not a party to the contract, nor liable,
nor responsible for the performance thereof.
f. It is not contrary to UI's best interests.
g. It complies with the restrictions stated in
FSH 3170 (University Ethics), including the Regents' policy on
conflict of interest and ethical conduct, and FSH 6240
(Conflicts of Interest or Commitment), including submission of all
applicable disclosure forms under FSH 6240, and all
other applicable university policies and procedures. [rev. 1-08]
C. PROCEDURES AND REQUIREMENTS.
C-1. General reporting. All employees who have outside employment
of more than 20 hours per week or who perform any outside consulting,
subject to the approval required herein, must complete the Disclosure of
Outside Employment or Consulting for Compensation form
(Form 3260B/6240B) on an annual
basis. An updated
Form 3260B/6240B
must be submitted throughout the year if a person accepts outside employment
or consulting. [add. 1-08]
C-2. Consulting Approval.
a. Administrative approval for consulting
(Consulting Approval Form 3260 A) by UI employees may be
granted only when the proposed activity satisfies the conditions outlined in
section B. [ed. 7-00, rev. and ren. 1-08]
b. In requesting approval, employees are to supply the following
information to the departmental administrator:
1. an estimate of the time
that will be required,
2. the subject and scope of the consulting services,
and
3. to the extent UI facilities may be used, a request to use them with an
estimate of the extent of such use of UI facilities. [rev. and ren. 1-08]
c. If UI supplies, equipment, or facilities (other than library
and assigned office space) are to be used (subject to priority for their use
in regular UI activities), the consultant must enter into a contract with UI,
prior to using any UI supplies, equipment or facilities.
The contract shall be signed by the vice president for finance and
administration or his designee. The vice president shall also be consulted in any case that involves
collections from or payments by UI students or that could, in the opinion of
the departmental head/supervisor and/or dean/director approving the consulting arrangement,
affect the UI's insurance coverage. Contracts for use of UI supplies, equipment, or facilities must:
1. stipulate
the kind and extent of equipment usage, personnel to be involved, the direct
costs to be incurred, and liability for personal injury or damage to UI
property;
2. include provisions for appropriate reimbursement to UI;
3.
indicate that the required administrative approvals for the consulting and use
of supplies, equipment or facilities have been obtained; and
4. be
approved by the vice president for finance and administration, or his/her designee.
[rev. and ren. 1-08]
C-3. Any work by a UI employee for the UI that is in addition to
the employee’s primary employment, whether or not it is termed consulting,
must be approved by the President, Provost, or appropriate Vice President
with a copy to Human Resources and otherwise comply with
FSH 3440. Compensation for any such work must go through the UI payroll
system. [rev. and ren. 1-08]
C-4. The name, "University of Idaho," is the exclusive
property of UI and consequently should not be used in support of claims,
advertisements, or the contents of any private consulting reports. UI
stationery or letterhead may be used only for official UI business. [See
6620.] [ren. 1-08]
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