GENERAL EMPLOYMENT AND WORKPLACE ISSUES

Conflict of Interest

The purpose of these regulations and procedures is to:

• Provide examples of conduct which is deemed to constitute actual or apparent conflict of interest;
• Describe the process by which disclosure of actual, potential or apparent conflicts of interests, are to be made by Colby Community College Employees or representatives; and
• Describe enforcement of the conflict of interest

For the purpose of these regulations and procedures, the following definition applies. “Conflict of interest” means the existence of an Employee’s financial or personal considerations which may, or may appear to, impair or compromise the performance of the Employee’s duties as a Colby Community College Employee for or on behalf of Colby Community College.

Types of Conflict

A conflict of interest, or apparent conflict of interest, exists when an Employee or person acting for or on behalf of Colby Community College:

• Seeks personal gain through his/her employment at Colby Community College;
• Engages in non- Colby Community College employment or consulting activity for himself/herself or for another which impairs:
• His/her ability to fulfill her/his obligations to Colby Community College as an Employee; or,
• The Employee’s judgment in the performance of Colby Community College duties and responsibilities.

Personal Gain
The following are examples of conduct which present a conflict of interest when personal gain accrues to the employee or a member of his/her family or others with whom he/she is associated. A person uses, or attempts to use:

• His/her position with Colby Community College to achieve a material and/or financial benefit for himself/herself or others;
• Colby Community College property, resources or services, including but not limited to, Colby Community College offices, office supplies, telephone, equipment, computing resources, for personal and private purposes to achieve a material or financial benefit for himself/herself or others;
• Colby Community College Employees, Students, contractors, or volunteers to achieve a material or financial benefit for himself/herself or others; and
• Any confidential information acquired in connection with Colby Community College related activities or Colby Community College employment to achieve material or financial benefit for himself/herself or others, or for unauthorized purposes.

A person directly or indirectly solicits, receives or accepts anything of more than nominal value from any person or organization seeking to do business with or have an association with Colby Community College.

Exceptions are:

• Registration for an event at which the Employee is making a presentation or providing a service, as an Employee of Colby Community College, to the event sponsor;
• Promotional items, such as coffee cups, pens, pencils, mouse pads, etc;
• Textbooks, software, and instructional materials to be reviewed by teaching faculty;
• An award, plaque, certificate, memento or similar item given in recognition of the Employee’s charitable, civic, professional, personal private, public or political achievements;
• Food and/or beverage of nominal or reasonable amount given to or consumed by an Employee at a single meal or event; or,

The President or his/her designee may grant additional exceptions, in writing, when he/she determines, upon the basis of the facts presented:

• The benefit accruing to the individual is of nominal value; and ,
• The exception will not impair either the individual’s or Colby Community College’s ability to conduct business ethically, fairly and impartially; or,
• When the requested exception is a common and generally accepted practice in public higher education institutions.

Other Employment and Activity
The following are examples of non-Colby Community College employment or activity, either with or without compensation, which impairs the ability of an individual to perform his/her obligations as an Employee or representative of Colby Community College.

• Employment or other activity, which occurs at times during which the Employee normally is to perform his/her obligations for Colby Community College.
• Employment, without the approval of your immediate supervisor or head of department, in a teaching capacity on a full-time or part-time basis with another higher education institution.
• Employment or activity individually or with another person or entity providing goods or services which are in competition with goods and/or services provided by Colby Community College.
• Colby Community College Disclaimer. In all employment or activities outside of Colby Community College employment, each Employee functions in his or her individual capacity, without the support of the Colby Community College, and is solely responsible for his/her acts.

Disclosure: Creation of Colby Community College Financial Obligations  All persons recommending or involved in creating any financial obligation of Colby Community College, including but not limited to the purchase of goods or services, contracts obligating the Colby Community College, and leases, shall disclose to their supervisor the nature of any relationship whatsoever they may have with any vendor, contractor or lessor. A financial obligation in which an Employee or representative of the Colby Community College has an interest will only be entered into if:

• It is deemed to be in the best interests of Colby Community College; and,
• Such person’s interest with the other party will not conflict substantially or materially with such person’s discharge of his/her Colby Community College responsibilities.

Disclosure: Conflict with Duties
All persons considering non- Colby Community College employment or other activity which may create  a conflict of interest have a duty to disclose any actual or potential conflict to their supervisor by submitting a written statement describing the nature of the potential conflict. Supervisors who become aware of such actual or potential conflict with Colby Community College by persons within their supervision have a duty to request such individuals provide such a written statement.

Disclosure Advice
Any person who is in doubt whether he/she is confronted with an actual or potential conflict of interest should seek the advice of his/her supervisor or the appointing authority for his/her position to determine if the interest could conflict impermissibly with the person’s obligation to Colby Community College.

Annual Disclosure
All officers of Colby Community College or its Board of Regents, deans, directors and those persons identified by the President shall annually submit a completed “Annual Conflict of Interest Disclosure Statement” to the Vice President of Business Affairs.

Enforcement
The ultimate responsibility for the enforcement of the policies and regulations on conflicts of interest is that of the President who may delegate authority for enforcement to other Colby Community College officials.

Violations of the policy or regulations, include, but are not limited to:

• The failure to file timely disclosures;
• Filing incomplete, erroneous, or inaccurate disclosures: or,
• Failure to comply with prescribed procedures for managing or resolving conflicts or potential conflicts of
• Violations shall subject the person to disciplinary sanctions which may include, but are not limited to, suspension from or termination of
• Examples of situations in which a conflict of interest will be deemed to
  
  
• The use of the Employee’s or individual’s official title of employment or the Colby Community College’s name, or any of Colby Community College’s component parts, including any of the Colby Community College’s graphics, in any situation other than in the conduct of official Colby Community College
• The use of any Colby Community College resource, including but not limited to Colby Community College stationery, the Colby Community College’s address, phone number, fax number or electronic mail address as a contact point for personal or private business
• The use of the Colby Community College’s name, its tax exempt status or its tax exempt number to purchase goods or services for personal or private business
• The use of Colby Community College resources in such a way as to interfere with, or cause harm or damage to another person, institution, or company within or outside the Colby Community College

In compliance with §200.112 Conflict of Interest and §200.113 Mandatory Disclosures Colby Community College will disclose to Federal agencies any instances of conflict of interest or relevant violations of Federal criminal law.

 

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Authorized Representative             

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Date                       

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President                           

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[Reviewed April 2021]