Collin County Community College
043500

EMPLOYMENT REQUIREMENTS AND RESTRICTIONS:
CONFLICT OF INTEREST



DBD
(LOCAL)



PURPOSE The purpose of this policy statement is to establish standards and rules that acknowledge the importance of professional development of employees by means of outside employment, consulting, and other professional activities. Increased competence, recognition, and hands-on experience of each employee can clearly prove beneficial to the College District and are therefore encouraged.

At the same time, the purpose of this policy is to ensure that each employee exercises the highest standards of integrity and personal conduct in relation to College District resources, time, and privilege of position as an employee.

The following provisions govern the conduct of College District employees in regard to outside employment, consulting, professional activity, and use of College District resources:

  1. Full-time employment by the College District involves the commitment of the individual's professional time, energy, and primary loyalty to the College District. Consulting, professional activities, or other outside employment must not impair the individual's ability to fulfill his or her duties at the College District.
  2. Outside employment of any full-time or part-time employee must not involve conflict with the individual's obligation to the College District or with the objectives of the College District. Employees shall avoid conflict of interest in all instances of outside employment and consulting.
  3. A full-time or associate teaching faculty member of the College District shall not accept a student as a client during a semester in which the student is enrolled in his or her class. The dean of the teaching faculty member may grant an exception, in writing, for a specific instance. This written exception shall remain on file in the human resources office.
  4. Full-time and associate teaching faculty shall not advertise their services while instructing students or while performing other duties as a faculty member.
  5. An employee shall use College District resources to support the educational and administrative objectives of the College District. An employee shall not use facilities, secretarial assistance, office supplies and equipment, and other College District resources for personal gain or benefit. Such use of College District resources for personal gain or benefit is a violation of College District policy and state law. The College District cannot spend public monies for private purposes. Examples of this include charitable or political contributions, greeting cards (get well, birthday, and Christmas), birthday cakes, flowers for sickness or deaths, and the like. This also prohibits use of College District printers and paper for social invitations and use of College District work time to plan, decorate, and serve at social events such as a shower, going away/retirement parties, and other social events.
  6. The College District recognizes that certain professional activities, such as the writing of scholarly articles and books, can be very beneficial to the individual and to the College District. Such professional activities are encouraged; however, they are in addition to an employee's full-time effort expected by the College District and shall not be accomplished by using College District-paid secretarial assistance.
  7. An employee shall not accept or solicit any gift, favor, service, or other benefit that could reasonably be construed to influence the employee's discharge of assigned duties and responsibilities.
  8. An employee may not solicit, agree to accept, or accept an honorarium in consideration for services that the employee would not have been requested to provide but for his or her official position or duties. Thus, for example, an employee may not take a speaker's fee for speaking in his or her official capacity, or accept a fee or gift for any service that he or she would not have been asked to provide, but for the individual's official position with the College District. This is a criminal violation of Penal Code Section 36.07 - Class A Misdemeanor. It is permissible to accept food, transportation, and lodging in connection with a speech or other service performed in an official capacity that is not reimbursed by the College District.
  9. An employee shall not have a personal financial interest, a business interest, or any other obligation that in any way creates a substantial conflict with the proper discharge of assigned duties and responsibilities or that creates a conflict with the best interest of the College District.
  10. An employee who believes he or she has or may have a conflict of interest shall disclose the interest, in writing, to the President or designee, who shall take whatever action is necessary, if any, to ensure that the College District's best interests are protected.

Requests for exceptions to the conflict of interest policy shall be forwarded in writing, in advance, for review and consideration by the appropriate supervisors and the College President.

INTELLECTUAL PROPERTY RIGHTS The ownership of any scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials, or processes developed solely by a faculty or staff member's individual effort and expense shall vest in that individual and be licensed, if at all, in that person's name.

The ownership of any scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials, and processes produced solely for the College District and at College District expense shall vest in the College District and be licensed, if at all, in its name.

In those instances where scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials, and processes are produced by a faculty or staff member with College District support, by way of use of significant personnel time, facilities, or other College District resources, the ownership of the materials or processes shall vest in (and be licensed by, if at all) the person designated by written agreement between the College President and faculty or staff member prior to the production. This agreement shall make provisions for the employee to assign ownership rights to the College District, or for a fair and equitable joint ownership, sharing of royalties or reimbursement to the College District of its costs and support. In the event no such written agreement exists, the ownership shall vest in the College District. There are no properties that are excluded from these ownership guidelines.

In the case of works created under developmental grants from governmental or foundation sources prescribing ownership rights, the conditions of such grants, rather than this policy, shall govern.

DISCLOSURE OF SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS The College District reserves the right of disclosure of any College District-owned scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials, and processes.

Those scientific and technological developments that are developed solely by a faculty or staff member's individual effort and expense shall be disclosed at the discretion of the individual. Disclosure to the press, general public, agencies or entities shall be made within a 12-month period after completion of the development. The College President is responsible for final approval, upon recommendation from an ad hoc review task force.

GUIDELINES AND LICENSING RESPONSIBILITIES FOR INTELLECTUAL PROPERTY It is the responsibility of the party(ies) having ownership of the scientific and technological developments, including inventions, discoveries, trade secrets, computer software, materials, and processes to secure any licenses, copyrights, or patents.
EQUITY IN MANAGEMENT PARTICIPATION Any equity in management participation on the part of the inventor(s) in business entities that utilize technology created at the College District shall be by agreement between the parties involved, made prior to such utilization.



DATE ISSUED: 06/24/1999
NEWLPM
DBD(LOCAL)-X


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