8.1.5.1 Conflicts of Interest and Apparent Conflicts of Interest

Each Middle Georgia State University (MGA) employee shall make every reasonable effort to avoid actual or apparent conflicts of interests. An apparent conflict exists when a reasonable person would conclude from the circumstances that the employee’s ability to protect the public interest, or perform public duties, is compromised by a personal, financial, or business interest. An apparent conflict can exist even in the absence of a legal conflict of interest. MGA employees are referred to State Conflict of Interest Statutes O.C.G.A. § 45-10-20 through § 45-10-70 and USG policies governing professional and outside activities.

Each MGA employee has an ongoing responsibility to report and fully disclose any personal, professional, or financial interest, relationship, or activity that has the potential to create an actual or apparent conflict of interest with respect to the employee’s MGA duties.  Each MGA employee must also report and fully disclose any financial and business interest that the employee or the employee’s spouse, partner, parent, child, sibling, and any in-laws of any of the foregoing may have that relate to the employee’s expertise or responsibilities as an MGA employee.

Definitions

“Compensation” is defined as any payment, deferred payment, equity, or deferred equity provided in exchange for the expectation that the faculty member will perform work or services for the benefit of the outside payer. Compensation does not include standard Honoraria.

“Conflict of Commitment” is created when a faculty member’s Outside Work (1) could interfere with the faculty member’s ability to fully and timely discharge all Primary and Secondary Responsibilities, (2) falls within the scope of the faculty member’s University employment and would normally and otherwise be performed in the faculty member’s role as an employee of MGA (i.e., through a sponsored project agreement or a service agreement), or (3) could interfere with intellectual property interests of the University. Outside Work may create financial conflict of interest with sponsored research projects that must be disclosed and managed.

“Conflict of Interest” means any situation when a reasonable person would conclude from the circumstances that the employee’s ability to protect the public interest, or perform public duties, is compromised by a personal, financial, or business interest. An apparent conflict can exist even in the absence of a legal conflict of interest. MGA employees are referred to State Conflict of Interest Statutes O.C.G.A. § 45-10-20 through § 45-10-70 and USG policies governing professional and outside activities.

“Honoraria” are defined as any payments given for professional or voluntary services that are rendered nominally without charge, and any payments in recognition of these services typically forbids a price to be set. See Board of Regents Policy Manual Section 8.2.18.4 Gratuities for guidance on accepting expense reimbursement from outside parties.

“Outside Consulting” or “Outside Work” is defined as any activity for Compensation other than Primary Responsibilities or Secondary Responsibilities that a faculty member may engage in that, (1) is based upon professional knowledge, experience, and abilities of the faculty member that relate to the faculty member’s expertise or responsibilities as an MGA faculty member, and (2) is performed for any business, self-employment, or public or private entity other than his or her institution.

“Faculty” is defined in accordance with Board of Regents Policy Manual Section 3.2 Faculties, which is incorporated herein by reference.

Conflicts of Interest – Research and Institutional

MGA recognizes the benefits of collaboration and commercialization with the private sector and other third-party entities that supports the MGA mission. The resulting relationships and agreements, however, must not undermine the public’s trust, compromise the integrity of the MGA mission, or inappropriately influence teaching, research, and service activities. Under no circumstances should a grant, gift, contract or other funding be accepted that limits the ability of MGA employees to conduct or report the results of research in accordance with applicable scientific, medical, professional, and ethical standards.

Management Plan for Conflicts of Interest

Once disclosed, the university will approve a management plan for the conflict of interest.  The default management plan for a conflict of interest will be to avoid it.  This requires the faculty or staff member to arrange their affairs so that there is not conflict of interest.  With MGA’s prior written approval, certain conflicts may be able to be managed in other ways.  Each case will be fact specific, but management plans can include elements such as:

  1. disclosure and transparency to everyone affected by the conflict;
  2. monitoring of the conflict by an impartial party;
  3. limiting an employee’s involvement in certain decisions (i.e., recusal);
  4. requiring additional approvals before certain actions can be taken;
  5. obtaining informed consent from affected parties’
  6. reporting and auditing of facts surrounding the conflict; and
  7. divestiture of certain assets, or the use of blind trusts.

Management plans for conflicts of interest must be approved in writing by the President, or by the President’s designee.

MGA’s Institutional Review Board retains its authority regarding conflicts of interest with researchers under its jurisdiction.  Accordingly, researchers operating under the jurisdiction of said board must abide by the stricter provisions of the management plans issued by those committees and the plans issued by the President or the President’s designee.