3260 - Professional Consulting and Additional Workload
Last updated: January 01, 2008
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)
C. Procedures and Requirements
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)