Below you will find some definitions that may help expand your understanding of Conflicts of Interest, Conflicts of Commitment and Outside Activities. If you have any questions contact The Office of Institutional Compliance at extension 6478.
Employees who have been determined to be exempt from the Fair Labor Standards Act and are, therefore, not entitled to overtime pay. It also includes employees who are not exempt from the FLSA if they are authorized to execute contracts on behalf of the University or who because of their job duties at the University have authority to exercise discretion with regard to the award of contracts or other financial transactions.
Any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, or trust.
Any form of benefit including but not limited to salary, retainer, honoraria, intellectual property rights or royalties, or promised, deferred, or contingent interest. It also includes sponsored travel or reimbursement.
A state in which the time or effort that a U.T. employee devotes to an outside activity directly or significantly interferes with the employee's fulfillment of their institutional responsibilities or when the employee uses State property without authority in connection with the employee's outside employment, board service, or other activity (See Sec. 8, RR 30104). Exceeding the amount of total time permitted by U.T. System Administration or institution policy for outside activities creates the appearance of a conflict of commitment.
A significant outside interest of a U.T. employee or one of the employee's immediate family members that could directly or significantly affect the employee's performance of the employee's institutional responsibilities. The proper discharge of an employee's institutional responsibilities could be directly or significantly affected if the employment, service, activity or interest: (1) might tend to influence the way the employee performs his or her institutional responsibilities, or the employee knows or should know the interest is or has been offered with the intent to influence the employee's conduct or decisions; (2) could reasonably be expected to impair the employee's judgement in performing his or her institutional responsibilities; or (3) might require or induce the employee to disclose confidential or propriety information acquired through the performance of institutional responsibilities.
An employee who makes decisions or recommendations regarding:
- contract terms or conditions on a contract
- who is to be awarded a contract;
- preparation of a solicitation for a contract; or
- evaluation of a bid or proposal
Includes, but is not limited to, the President, all individuals who report directly to the President (other than administrative support positions), and any employee who exercises broad and significant discretion over key institution functions.
- a spouse
- a dependent child or stepchild or other dependent, for purposes of determining federal income;tax liability during the period covered by the disclosure statement; and
- a related or non-related, unmarried adult who resides in the same household as the individual and with whom the individual is financially interdependent as evidenced, for example, by the maintenance of a joint bank account, mortgage, or investments.
Shall include a description of the activity, the time commitment, the amount of compensation, if any, and the anticipated length of time the commitment is expected to continue.
The board, council, or other governing or advisory body of a business, civic, professional social, or religious organization, whether for profit or nonprofit.
Any activity performed by an employee, other than fulfilling employment obligations at U. T. System Administration or a U. T. System institution, for which remuneration is received, including distance teaching
For purposes of this policy, means:
(1) a controlling interest;
(2) ownership of more than 1 percent of the voting interest;
(3) ownership of more than $5,000 of the fair market value;
(4) a direct or indirect participating interest by shares, stock, or otherwise, regardless of whether voting rights are included, in more than 1 percent of the profits, proceeds or capital gains; or
(5) service as an officer
Not to include investments in mutual funds or retirement accounts, so long as the individual does not directly control the investment decisions made in those vehicles.