108 Conflict of Interest/Annual Disclosure Form

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I.          Our Mission

“Spelman College (“Spelman” or “College”), a historically Black college and a global leader in the education of women of African descent, is dedicated to academic excellence in the liberal arts and sciences and the intellectual, creative, ethical, and leadership development of its students. Spelman empowers the whole person to engage the many cultures of the world and inspires a commitment to positive social change.”

II.        Policy Statement

All Investigators, Project Directors and Employees (Faculty and Staff) of Spelman College have a duty of loyalty to the College and shall not take advantage of their positions with the College, or the knowledge gained there from, for personal or private gain or other personal advantage, either for themselves, any member of their immediate families, or any other person in whom they have an interest, whether personal or financial and whether direct or indirect. All individuals described above shall file a conflict of interest disclosure statement within 30 days of hire (Employees-Faculty and Staff). Subsequent conflict of interest disclosure statements must be filed annually by all individuals aforementioned within sixty (60) days of the beginning of each fiscal year. Investigators will additionally file a conflict of interest disclosure statement at the time of application for each separate federally funded award.

III.       Preamble

This Conflict of Interest Policy shall be in addition to, and not in lieu of, the provisions regarding trustees and officers in the bylaws of Spelman College, the provisions of Georgia non-profit law and the Internal Revenue Code and Regulations regarding conflicts of interest, and to the extent not inconsistent therewith, other applicable federal and state law governing the duty of trustees, officers and employees of Georgia non-profit corporations. This Policy is also in addition to federal terms and guidelines included in the public Health Service (PHS) Regulations at 42 C.F.R. Part 50, Subpart F, Section 50.601 through Section 50.607 and 45 C.F.R. Part 94, Section 94.1 through 94.6; the National Science Foundation (NSF) Regulations at Federal Register, Volume 60.32, July 11, 1995, pages 35822-35823; and the FDA Regulations at 21 C.F.R. Part 54, regarding the disclosure of reportable financial interests.

IV.       Scope

This policy shall apply to all faculty and staff, to any other person exercising material and substantial influence over the operations of Spelman College (hereinafter “Influential Person”) and to all Covered Persons as that term is defined in Section XI. It shall also apply to all trustees and officers of Spelman College, to members of committees and subcommittees of the Board of Trustees of Spelman College who is participating in or who has an investment in excess of $5,000 in an entity participating in federally funded research involving the College.

V.        Purpose

This policy is designed to require disclosure of information about a Financial Interest or a Conflicting Interest (as such terms are defined below) that an individual may have and to address those interests appropriately. It is not designed to preclude such individuals from participating in the governance or operation of Spelman College.

Spelman College, its trustees and officers and its faculty and staff are committed to the principle of free, open and objective inquiry in the conduct of its teaching, research, and service missions. Accordingly, it is crucial that Spelman College activities be conducted in an atmosphere that is free of Conflicts of Interest compromising this principle. For the purpose of protecting both the integrity and objectivity of its trustees, faculty and staff in the performance of their Spelman College obligations, it is the policy of the College that Conflicts of Interest should be avoided where possible, or otherwise disclosed and managed. Spelman encourages Agency sponsored relationships between research sponsors or licensees which catalyze research and technology transfer activities. However, there may be occasions when such relationships present Spelman Investigators and administrators with issues regarding a perceived or actual Conflict of Interest.

Spelman College trustees, faculty and staff have many opportunities to engage in a wide variety of activities that benefit Spelman College, enhance its reputation, and advance professional skills. Personnel, however, must be alert to potential Conflicts of Interest, including conflicts of commitment in time and/or purpose arising from activities that may affect their objectivity in the performance of their professional responsibilities at the college or unduly interfere with the time they devote to their Spelman College obligations. To this end, the College has added language to all applicable sections of its Employee Handbook and the Faculty Handbook reflecting the seriousness with which it views compliance with this conflict of interest policy. Further, unless otherwise designated by the Board of Trustees, the Secretary of the College shall serve as the Chief Compliance Officer regarding conflicts of interests, and shall be vested with such authority as deemed necessary and appropriate to implement and to administer this Policy in accordance with its terms.

This Policy is designed to provide guidelines and mechanisms for detecting and resolving perceived or actual Conflicts of Interest and safeguarding the reputation of the College and its Covered Persons. Conflicts of Interests, as defined by this policy, may include those of a financial and/or non-financial nature.

VI.       Financial Conflict of Interest

An Influential Person, employee (specifically including a part-time employee), Investigator, Project Director or other Covered Person shall be considered as having a financial interest as to Spelman College if such individual or any Immediate Family Member(s) or Personal Relationship of such individual, has, directly or indirectly, through business or investment:

 1) Present or potential ownership, investment interest or compensation arrangement, including directors’ or trustees’ fees, in any entity with which Spelman College has or may have a transaction, contractual relationship or arrangement including companies holding subcontracts or acting as vendors of any externally funded research project in which Spelman is participating or is contemplating participation;

2) Compensation arrangement with Spelman College or any entity or individual with whom Spelman College has a transaction, contractual relationship or agreement. For purposes of this Policy, the term “compensation” shall include any remuneration, direct or indirect, including directors’ or trustees’ fees, gifts having a value greater than $500, or other benefits that are material or substantial (substantial is defined as having a value greater than $5,000); provided, however, that compensation does not include the acceptance of invitations that the chief compliance officer determines are for the benefit of the College. For purposes of this Policy, the term “benefits” includes any circumstances that could cause an individual to change his or her behavior with respect to Spelman College or sponsored research. In addition, for purposes of this Policy, the phrase “family member” shall include a spouse/domestic partner, parents, grandparents, children, grandchildren, siblings, and the spouses/domestic partners of each;

3) Holding, either directly or indirectly, a position or Financial Interest in an outside concern that provides services competitive with those rendered by the College, or an outside concern from which the College secures goods or services or to which the College provides goods or services if the employee is involved in or may influence the ordering or provision of such goods and services.

4) Using College resources to benefit an outside concern or outside activity of any type (e.g. employee time, students enrolled in a course being taught by a faculty member/Investigator or whose academic work is being supervised by a faculty member/Investigator, or College space, equipment, supplies, etc.);

5) Engaging in outside activities or disclosing confidential or proprietary information obtained through the Covered Person’s position at the College and from which the Covered Person, his or her Immediate Family Members or individuals with whom the Covered Person has Personal Relationships, or their businesses will gain financially because of the Covered Person’s position at the College.

6) Assuming or accepting any duties appearing to require that a Covered Person use proprietary or confidential information, data, processes, procedures, or methods of the College, if not otherwise in compliance with College policies relating to Intellectual Property.

7) Participating in research on a technology, service, or product owned by or contractually linked with an entity in which the Covered Person or an Immediate Family Member or someone with whom the Covered Person has a Personal Relationship has a Significant Financial Interest, or any consulting relationship, other than the receipt of research support through the College or royalties under any royalty-sharing agreements involving the College.

8) Assigning students, staff or any other College employees to projects sponsored by any entity in which the Covered Person or an Immediate Family Member or someone with whom the Covered Person has a Personal Relationship has a Significant Financial Interest.

9) Participating in the administrative supervision of, or any employment, salary, or other important decision regarding an Immediate Family Member of a Covered Person or someone with whom a Covered Person has a Personal Relationship unless an exception has been determined and granted by the President of the College and/or Vice President of Business and Financial Affairs or their designees.

10) Providing goods or services to the College while having a periodic partemployee relationship exists when goods are services are provided.

 The above provisions are intended to be broadly interpreted. There may be other relationships that a Covered Person has which could constitute a Financial Conflict of Interest.

A.        Significant Financial Interest

A financial interest of a Covered Person or an Immediate Family Member or someone with whom the Covered Person has a Personal Relationship shall be deemed significant if it is related to research in which the College participates or to any other activity that reasonably relates to a Covered Person’s responsibility within the College. Such responsibility may include, but is not limited to:

1. Equity holdings or interest in privately held companies holding any subcontracts or acting as vendors in an externally funded research project in which the College participates;

2. Dual employment roles where project goals for sponsored research may be identical on externally funded projects at both institutions;

3. Any other instance in which a financial interest of the principal investigator and/or any personnel receiving compensation from sponsored research may influence the scientific process, analysis of data and/or outcomes of the project;

4. Any remuneration received from an external sponsor if the value received during the twelve (12) months preceding the disclosure, when aggregated, exceeds $5,000, or when the Investigator (or the Investigator’s family member) holds any equity interest (e.g., stock, stock option, or other ownership interest);

Remuneration includes salary and any payment for services, including payment to family members for services not otherwise identified as salary (e.g., consulting fees, honoraria, paid authorship).

5. Income received from intellectual property rights and interests (e.g., patents, copyrights) that have not been assigned to the College.

6. Assuming a consulting position or employment with, or becoming an officer, director, partner, trustee, or owner of, another educational institution, corporation, business, or other organization unless the work does not conflict with the Covered Person’s responsibilities to the College (in time or purpose). Affiliation with another educational institution; another recipient, contractor, subrecipient or subcontractor of federal research funds, whether or not a co-participant in a College research project; or an entity to which the College provides goods or services or from which the College purchases goods or services must be reported as a potential conflict of interest.

The Provost and the Director of Human Resources shall report any Significant Financial Interest or Conflict of Interest to the Secretary of the College and the Vice President for Business and Financial Affairs and Treasurer. If the conflict is related to sponsored programs, it must also be reported to the Provost and his/her designee even if the involved individual is not a member of the faculty (see Sections 42 C.F.R. § 50.604(c) and 45 C.F.R. § 94(c). The College will address the matter in accordance with the management procedures set out in this Conflict of Interest Policy.

B.        Significant Financial Interest Exclusions

The following are not considered Significant Financial Interests:

1. Salary, royalties, or other remuneration paid by the College to the Investigator if the Investigator is currently employed or otherwise appointed by the College;

2. Intellectual Property Rights assigned to the College and agreements to share in royalties related to such rights;

3. Income from investment vehicles, such as mutual funds and retirement accounts, as long as the Investigator does not directly control the investment decisions made in these vehicles;

4. Income from seminars, lectures, or teaching engagements sponsored by a federal, state or local government agency, an institution of higher education as defined at 20 U.S.C. § 1001(a), an academic teaching hospital, a medical center, or a research institute that is affiliated with Spelman College; or

5. Income from service on advisory committees or review panels for a federal, state or local government agency, Institution of higher education as defined at 20 U.S.C. § 1001(a), an academic teaching hospital, a medical center, or a research institute that is affiliated with Spelman College, although this may present as a non-significant financial conflict of interest.

C.        Financial Conflict of Interest Training

Investigators are required to complete Financial Conflict of Interest training prior to engaging in any externally funded research or contract, with retraining at least annually. Investigators are required to complete retraining immediately when any of the following circumstances apply:

1. Spelman revises its financial conflicts of interest policies or procedures in any manner that affects the requirements of the Investigator; or

2. The College determines that an Investigator is non-compliant.

VII.     Non-Financial Conflict of Interest

 

Any and all Covered Persons shall be considered as having a nonfinancial Conflict of Interest with Spelman college if such individual, or any family member(s) of such individual, holds a position or has a non-financial interest in a governmental, business, professional or non-profit organization that does business with Spelman College. Following are examples of non-financial Conflicts of Interest.

 

A. Service as a member of the governing board, officer or employee of an accreditation agency with review authority over the College;

 

B. Employment by any federal, state or local governmental agency which exercises direct authority over the property or activities of the College (i.e., employment with a government agency with concurrent grant funding held by the College and the Employee);

 

C. Service as a member of the governing board, officer or employee of a private foundation or other grant-making organization which has made grants to the College or could reasonably be considered as a potential grantor to the College;

 

D. Service as a professional advisor to a business organization, non-profit organization or individual who has made one or more grants greater than $5,000 or contributions to the College or could reasonably be considered as a potential grantor or contributor of an amount greater than $5,000 to the College;

 

E. An individual donor or member of the governing board or officer of an organization that has made a contribution or grant greater than $5,000 to the College that is subject to permanent restrictions as to use, other than general endowment or scholarship use.

 

F. Running for, or holding, political office when otherwise permitted by law. Covered Persons, as citizens, are free to engage in political activities. Where necessary, leaves of absence for a term of office may be granted. The term of such leave of absence will be set forth in writing, and will not affect unfavorably the tenure status of a faculty member/Investigator.

 

G. Consensual relationships between Covered Persons and students not otherwise prohibited but which create a Conflict of Interest or a potential Conflict of Interest.

 

It is impossible to identify in advance all possible Conflicts of Interest. Therefore, you are expected to include everything you think could possibly be considered a Conflict of Interest, whether financial or non-financial. Additionally, any of the above-listed activities may represent a financial conflict of interest depending on whether and on what basis the individual is paid for his or her services.

 

VIII.    Required Annual Disclosure and Review

 

A. All Influential Persons, all faculty and staff, and all Covered Persons as that term is defined in the Definitions section shall file annually within sixty (60) days of the beginning of each fiscal year a disclosure statement setting forth any Financial Interest or Conflicting Interest that such individual (or any Immediate Family Member or person with whom the individual has a Personal Relationship) may have with Spelman College or may reasonably be expected to have with the College during the fiscal year.1 Subrecipients/Subcontractors of sponsored research must also adhere to this Policy and are considered Influential Persons for the purpose of this policy. If the individual filing is a member of the Board of Trustees or any committee, subcommittee or advisory committee or is an Influential Person, the disclosure statement should be filed with the Secretary of the College. If the individual is an employee (faculty or staff) or consultant, disclosure statements should be filed with the Director of Human Resources who will forward any forms describing Interests or Conflicting Interests to the Secretary of the College and, where the Interests or Conflicting Interests relate to sponsored research, to the Provost. The disclosure statement shall be upon such form as is prescribed by the Board of Trustees, attached hereto, and shall contain a description of all material facts relating to the interest or Conflicting Interest being disclosed. The required disclosure statement is attached at the back of this Conflict of Interest Policy.

 

B. As part of any agreement with a subrecipient, expressly including subcontractors and consortium members, to participate in sponsored research, the College and the recipient will include a written provision that the subrecipient will comply with the College’s conflict of interest policy unless the conflict of interest policy of the subrecipient is more stringent than that of the College. Subrecipients must provide financial disclosure statements to the College at least sixty (60) days before the expenditure of any federal funds. Each investigator participating in externally funded research must submit an updated disclosure statement to the College within thirty (30) days of discovering or acquiring (including by purchase, marriage, inheritance or otherwise) a new significant financial interest.

 

C. The Secretary of the College shall compile such disclosure statements and provide all of those which contain a disclosed Interest or Conflicting Interest to the Secretary and the Chair of the Board to ensure compliance with the policies regarding conflicts set forth herein. The Secretary of the Board shall record any conflict or potential conflict and advise any potentially affected individual of the need to comply with the procedures of this Policy.

 

D. If an actual or perceived Conflict of Interest arises which was unanticipated at the time the Annual Disclosure Statement was filed, all persons subject to this Policy must notify the Provost or the Director of Human resources, as appropriate, in writing by filing a new Disclosure form with the additional information within thirty (30) days of the actual or perceived Conflict becoming apparent.

 

E. Prior to the College’s expenditure of any funds under a federally funded research project, the designated official (Provost, Vice President of Business and Financial Affairs and Treasurer and/or Secretary of the College) or his or her designee will review the disclosure statements provided by the Investigator, Project Director and any other College employees or sub-recipients expected to participate in the federallyfunded research to determine whether there are any significant financial interests related to the federally funded research and whether such interests constitute a financial conflict of interest. If the appropriate College official or his or her designee determines that a financial conflict of interest exists with respect to federally funded research, the official, in concert with the chief compliance officer, will develop and implement a management plan specifying the actions that have been and shall be taken to manage the financial conflict of interest.

 

F. Spelman College will maintain records of all financial disclosures and all actions taken by the College with respect to each Financial or Non-Financial Conflict of Interest for at least three (3) years from the date of submission of the final expenditures report of the final payment under any grant. If the Conflict of Interest relates to federally funded research, the College will additionally post the information on its publicly available website, either directly or via a link. This information will include at a minimum the Investigator’s name; the Investigator’s title and role with respect to the research project; the name of the entity in which the Significant Financial Interest is held; the nature of the Significant Financial Interest; and the approximate dollar value of the Significant Financial Interest, or a statement that the interest is one whose value cannot be readily determined through reference to public prices or other reasonable measures of fair market value.

 

Spelman’s policy and procedures comply with federal regulations pertaining to sponsored research, including the Public Health Service (PHS) Regulations at 42 C.F.R. Part 50, Subpart F, Section 50.601 through Section 50.607 and 45 C.F.R. Part 94, Section 94.1 through 94.6; the National Science Foundation (NSF) Regulations at Federal Register, Volume 60. 32, July 11, 1995, pages 35822-35823; and the FDA Regulations at 21 C.F.R. Part 54, regarding the disclosure of reportable financial interests. Revised Final Rule published on 8-25-11 (http://www.gpo.gov/fdsys/pkg/FR- 2011-08-25/pdf/2011-21633.pdf).

IX.       Failure to Disclose Actual, Apparent and Potential Conflicts of Interest

A. Primary and sub-recipient Investigators, Project Directors and senior/key employees who are participating in or applying to participate in federally funded research grants and projects have an affirmative duty to disclose significant financial conflicts of interest placed upon them by the Public Health Service. 42 C.F.R. § 50.604(b),(c),(e). The College has a duty to review all such disclosures and determine whether a significant financial conflict of interest exists. The College is also required to notify the Sponsoring or Awarding Agency if anyone to whom this paragraph applies does not file a disclosure statement in a timely manner, does not disclose conflicts or does not update a filed disclosure statement whenever a change in the conflict of interest policy, a change in research parameters or a change in the interests of anyone covered by this paragraph occurs.

 

The College cannot fulfill its responsibility to manage conflicts of interest unless the persons to whom this Article IX applies file conflict of interest disclosure statements as required. Therefore, in addition, to the actions which may be taken to manage conflicts in Article X to manage conflicts, the College may suspend with or without pay any person with a federally mandated duty to disclose conflicts related to research. Suspension of persons in this category may be imposed for failure to file a complete and accurate disclosure statement as required by this Conflict of Interest Policy and for failure to update a disclosure statement.

 

B. The College must be able to enforce the provisions of the Conflict of Interest Policy. Therefore, any faculty member, member of the Board of Trustees or any committee of the Board and any Influential Person as that term is defined in this Policy who fails to file a complete and accurate disclosure statement or to update a disclosure statement upon a change in the individual’s circumstances may become ineligible for summer employment by the College and for approval of and reimbursement for business travel. For more grievous violations of the Conflict of Interest Policy by faculty, procedures outlined in Section Three, II, J through L, of the Spelman College Faculty Handbook (2013) should be followed.

 

C. Any non-exempt/hourly employee who fails to file a complete and accurate disclosure statement may be subject to the College’s progressive discipline procedures, as well as the corrective compliance procedures set forth in this Policy. Any exempt employee who fails to file a complete and accurate disclosure statement may be subject to the corrective compliance procedures set forth in this Policy, including suspension with pay. In addition to the corrective compliance procedures that apply to all employees, any exempt employee participating in federally sponsored research who fails to file a complete and accurate disclosure statement may be suspended without pay.

X.        Management of Conflicts

If a potential Conflict of Interest with respect to internally or externally sponsored research is disclosed, such disclosure statements shall be given to, compiled and reviewed by the Vice President of Business and Financial Affairs and the Provost or his/her designee to determine whether an actual conflict exists and, if so, the process by which the conflict will be managed. Such management plan will be issued and implemented within sixty (60) days of disclosure and determination that a conflict exists. Management of conflicts may include, but is not limited to the following:

A. Required certified additional training regarding conflicts of interest;

B. Severance of relationships that create conflict;

C. Change of personnel or responsibilities or disqualification of any Covered Person from participating in all or a portion of any research;

D. Return of any income or assets secured through the conflict;

E. Monitoring of any research project by independent reviewers with authority to protect the design, conduct and reporting of research against bias resulting from the financial conflict of interest;

F. Divestiture by a Covered Person of any Financial Interest in any research sponsor or entity whose products or services are the subject of the research or the competitor of such entity;

G. Public disclosure of financial conflicts of interest if and when research findings are presented;

H. Disclosure directly to participants in any human subjects research;

I. Modification of the research plan, if necessary; and

J. Confirmation of the Covered Person’s agreement to the management plan.

If such Covered Person is a member of the Board of Trustees or an officer of the College, the Secretary of the College (chief compliance officer for conflicts of interest) shall compile such disclosure statements and provide them for review by the Chair and the Secretary of the Board to ensure compliance with the policies regarding Conflicts of Interest set forth herein. The Secretary of the Board or his or her designee shall cause to be recorded any potential Conflicts of Interest, and may advise any potentially affected individual of the need to comply with the procedures of this Policy.

When the training required for everyone participating in or applying for federally funded research has been completed and the annual disclosure statements have been received and reviewed, the Secretary of the College (chief compliance officer for conflicts of interest) will certify to all required federal and state Agencies that Spelman College has implemented a written and enforced Conflict of Interest Policy that is consistent with or more restrictive than the provisions of the Sponsoring Agency’s regulations. Such certification shall include a statement that, to the best of the Secretary’s knowledge, all financial disclosures required by the Conflict of Interest Policy have been made and all identified Conflicts of Interest have been or will be satisfactorily managed. The Secretary of the College (chief compliance officer for conflicts of interest) will report financial conflicts of interest relating to federally funded research to the awarding agency on an annual basis.

In addition, whenever a financial conflict of interest is not identified or managed in a timely manner, including failure by the Investigator or Covered Person to disclose a significant financial interest that is determined by the College to constitute a financial conflict of interest; failure by the College to review or manage such a financial conflict of interest; or failure by the Investigator to comply with a financial conflict of interest management plan, the College shall, within one hundred twenty (120) days of the College’s determination of noncompliance, complete a retrospective review of the Investigator's or Covered Person’s activities and the externally funded research project (if applicable) to determine whether any funded research or activity, or portion thereof, conducted during the time period of the noncompliance, was biased in the design, conduct, or reporting of such research or activity. The College shall post information on its publicly available website concerning any significant financial interest related to federally funded research, including that the significant financial interest was disclosed to the College, the significant financial interest is still being held, the interest constitutes a financial conflict of interest, and the approximate value of the interest. The information on the website will be updated within sixty (60) days of receiving information concerning additional significant financial interests of senior/key personnel. This information will remain on the College’s publicly available website for at least three (3) years from the date that the information was most recently updated.

The College will document the retrospective review accordingly. Documentation shall include, but not necessarily be limited to, all of the following key elements:

  •  Project number (if an externally funded project);

  • Project title;

  • Name of the Investigator or Covered Person with the financial conflict of interest;

  • Name of the entity with which the Investigator or Covered Person has a financial conflict of interest;

  • Reason(s) for the retrospective review;

  • Detailed methodology used for the retrospective review (e.g., methodology of the review process, composition of the review panel, documents reviewed);

  • Findings of the review; and

  • Conclusions of the review.

Based on the results of the retrospective review, if appropriate, the College shall update the previously submitted FCOI report, specifying the actions that will be taken to manage the financial conflict of interest going forward. If bias is found relating to externally funded projects, the College is required to notify the Awarding Component (Sponsoring Agency) promptly and submit a mitigation report to the Awarding Component. The mitigation report must include, at a minimum, the key elements documented in the retrospective review above and a description of the impact of the bias on the research project and the Institution's plan of action or actions taken to eliminate or mitigate the effect of the bias (e.g., impact on the research project; extent of harm done, including any qualitative and quantitative data to support any actual or future harm; analysis of whether the research project is salvageable).

XI.       Required Procedures for Financial Interests

Upon a determination that an action taken by any individual covered by this Conflict of Interest Policy involves a transaction in which Spelman College is a participant, expressly including research projects regardless of the source of funds (other than the routine provision of educational, professional or managerial services) in which the individual has a Financial Interest, as defined in this Policy, the following procedures shall be required.

 

A. If deemed appropriate by the Board of Trustees, a committee designated or appointed by the Board of Trustees consisting solely of members with no Financial Interest in the transaction at issue shall be authorized to review and investigate alternatives to the proposed transaction, and such committee shall report its findings to the full Board of Trustees.

 

B. The individual with the Financial Interest shall not participate in any vote or action or have any involvement in the procurement or management related to the transaction in which the individual has been determined to have a Financial Interest.

 

C. Any transaction or arrangement in which the Covered Person shall be determined to have a Financial Interest shall be considered and approved by a majority vote of trustees who have no Financial Interest in the proposed transaction, only after determining that such transaction or arrangement is in the best interest of the College, is for the benefit of the College, and is fair and reasonable.

 

D. In the event that an officer; trustee; committee, subcommittee or advisory committee member or Influential Person has a Conflicting Interest with respect to any action that may be considered by the Board of Trustees or any committee, subcommittee or advisory committee of the Board, that individual shall remind the other members of the relevant body of his or her Conflicting Interest and, if appropriate under the circumstances, to recuse himself or herself from deliberations and voting concerning the proposed action.

 

E. Any significant financial interest related to any federally sponsored research shall be posted on the College’s publicly available website, either directly or as a link, as detailed in Article IX, above. If the individual having a significant financial interest related to federally sponsored research is an Investigator, Project Director or senior/key employee, the College will notify the Sponsoring Agency within thirty (30) days of completion of the review.

XII.       Compliance

A. Unless otherwise designated by the Board of Trustees, the Secretary of the College shall serve as the chief compliance officer and shall be vested with such authority as deemed necessary and appropriate to implement and to administer this Policy in accordance with its terms. The Provost shall be included in all discussions with respect to sponsored research, Academic Affairs, and expressly any issue involving faculty and the Vice President of Business and Financial Affairs and Treasurer shall be included in all discussions regarding all financial conflicts of interests.

 

B. As the chief compliance officer, the Secretary of the College shall provide each officer, trustee, member of a committee, subcommittee, and advisory committee and each Influential Person with a copy of this Policy and shall be responsible for distributing, receiving and maintaining the annual disclosure statements required under this Policy. The Secretary of the College shall forward a copy of all forms disclosing a Financial or Non-Financial Conflict of Interest to the Secretary of the Board of Trustees. This Policy shall also be posted on the College’s publicly available website.

 

C. The Director of Human Resources and the Provost or his/her designee shall provide all other Covered Persons with a copy of this Policy and shall be responsible for distributing, receiving and maintaining the annual disclosure statements for those persons. The Director of Human Resources and the Provost shall also inform all Covered Persons that they may find a copy of this Policy on the College’s website. The Director of Human Resources and the Provost shall also be responsible for providing copies as needed disclosing either Financial or Non-Financial Conflicts of Interest to the Secretary of the College (chief compliance officer for conflicts of interest).

D. The Secretary of the College (chief compliance officer for conflicts of interest) shall disclose to the Secretary and Chair of the Board the names of individuals who disclosed Financial Interests or Conflicting Interests with the College or with any current or pending sponsored research and the nature of the Financial or Non-Financial Interests disclosed. The Secretary and Chair of the Board shall disclose such information to the full board or any committees and/or subcommittees if such information is relevant to the work of the committee or subcommittee. If the Financial Interests or Conflicting Interest(s) relate to sponsored research, the Secretary of the College shall also notify the Sponsoring Agency.

 

E. The Secretary of the Board or his or her designee shall cause to be recorded in the minutes of the Board of Trustees and in the minutes of all committees, subcommittees and advisory committees of the Board the names of members of the applicable committee who disclosed Financial Interests or Conflicting Interests, the nature of the Interests and the action taken with respect to the Interest by the Board of Trustees and/or any committee, subcommittee or advisory committee. The minutes shall further record the trustees or committee, subcommittee or advisory committee members in attendance, the context of the discussion of the matter before the Board or committee, subcommittee or advisory committee, and a record of any vote taken regarding the disposition thereof.

 

F. The Board of Trustees shall conduct periodic review of contractual and organizational relationships of the College to ensure that the College and all Covered Persons are in compliance with the terms of this Policy and that the charitable purposes and mission of the College are not being adversely affected. Whenever the Board of Trustees makes a change in the contractual and organizational relationships of the College, such change(s) shall be reported to the Secretary of the College, the Provost and the Director or Human Resources.

 

G. The individual disclosure statements and the annual reports compiled by the Director of Human Resources and the Provost or his/her designee, shall be confidential but shall be open for inspection by the Trustees, the President of the College, the Secretary of the College (chief compliance officer for conflicts of interest) and applicable federal agencies in cases of federal funding. The statements and reports or the information contained therein shall be open for inspection by the public only (a) by official action of the President of the College upon a showing of good cause; (b) with the consent of the person who submitted the data which is to be disclosed; (c) by court order; or (d) as otherwise required by Georgia or federal law or regulation.

XIII.       Definitions


A. Agency, Sponsoring Agency or Awarding Agency
Agency, Sponsoring Agency or Awarding Agency means any federal or state agency approving, sponsoring or funding in whole or in part any research being applied for or undertaken by the College. The Sponsoring Agency or Awarding Agency may also be known as the Awarding Component.

B. Board
Board means the Board of Trustees of Spelman College.

C. Chief Compliance Officer
The Secretary of the College shall be the chief compliance officer for conflicts of interest.

D. Compensation
Compensation includes direct and indirect remuneration, in cash or in kind (including royalties, consulting fees, speaking fees and research grants); provided, however, that compensation does not include gifts, meals, and business courtesies that are permitted under the College’s policy with respect to gifts.

E. Conflict of Interest or Conflicting Interest
A Conflict of Interest is defined as any situation in which any action or activity of a Covered Person could reasonably be expected to affect his or her independence of judgment with respect to the College. A Financial or Non-Financial Interest of an individual or of his or her Immediate Family Member or of a person with whom he or she has a Personal Relationship, as defined herein, does not necessarily constitute a Conflict of Interest within the meaning of this Policy. A Covered Person who has an Interest or an Immediate Family Member or a person with whom he or she has a Personal Relationship will also have a Conflict of Interest if the respective Agency or the Board of Trustees decides that a Conflict of Interest exists.

F. Consultant
A consultant is an individual or organization with which the College contracts to provide expert or professional advice.

G. Covered Person
A Covered Person includes personnel, specifically including part-time employees, consultants, subcontractors, voting and advisory Board and committee and subcommittee members.

H. Financial Interest
A Covered Person has a financial interest as to Spelman College if such individual or an Immediate Family Member or a person with whom he or she has a Personal Relationship, has, directly or indirectly, through business or investment a present or potential ownership or investment interest or compensation arrangement in any entity with which the College has or may have a business or other relationship. Financial Interest, including examples, is covered more completely in Section VI. A Significant Financial Interest is defined in Section VI.A.

I. Immediate Family Member/Personal Relationship
For purposes of this Policy, Immediate Family Member means a Covered Person’s spouse/domestic partner and children. Immediate Family Members also include the following persons if they live with an Influential Person, the Influential Person manages their financial affairs, or the Influential Person is aware without inquiry that they hold the interest or position in question: the Influential Person’s parents, siblings, grandchildren and their respective spouses/domestic partners. Immediate Family Member also includes the Influential Person’s spouse’s/domestic partner’s parents, children, grandchildren, siblings and the spouses/domestic partners of each of those listed, as well as any other person of significant influence.

Personal Relationship means a personal or business connection with another individual that is sufficiently close that it could result in a bias in favor of or against the individual or entity. An example of this type of relationship is one that could cause the person to place the interests of that individual above the interests of the College or appear to do so.

J. Influential Person
Influential Person means all vice presidents, directors, officers, members of committees with Board-delegated authority, Project Director/Investigators, Sub-recipients/Subcontractors, faculty and staff who: (1) hold an academic or administrative position; (2) have procurement responsibility or the authority to recommend such procurement; or (3) participate on boards or committees, subcommittees, or advisory committees.

K. Interested Person
Any Covered Person who has a direct or indirect Interest or who has an Immediate Family Member or a person with whom he or she has a Personal Relationship, as defined herein, is an Interested Person.

L. Investigator
Investigator means the principal Investigator and/or Project Director and any other person regardless of title or position, who is responsible for the design, conduct, or reporting of research for any externally funded research undertaken or approved by the College, whether such research is undertaken solely by the College or is a collaborative project funded in whole or in part by a federal or state agency, another educational institution, or any other external entity. The term Investigator includes collaborators or consultants

M. Investigator’s Institutional Responsibilities
Institutional responsibilities are an Investigator’s professional responsibilities on behalf of Spelman, and as defined by Spelman in its policy on Financial or Non-Financial Conflicts of Interest which may include activities such as research, research consultation, teaching, professional practice, institutional committee memberships, and service on panels such as Institutional Review Boards or Data and Safety Monitoring Boards.

N. Non-Financial Conflict of Interest
Any and all Covered Persons shall be considered as having a Non- Financial Conflict of Interest with Spelman if such individual, or any family member(s) of such individual, holds a position or has a non-financial interest in a governmental, business, professional or non-profit organization that does business with Spelman College. Clarification and examples may be found in Section VII.

O. Personnel
Employees of Spelman College, including faculty, staff, and part-time or periodic employees having a continuing relationship with the College, regardless of whether they are employed at the time.

P. Policy
Policy means this Conflict of Interest Policy or the Conflict of Interest Policy in force at any given time.

Q. Subcontractor
An individual or entity that signs a contract to perform a portion or all of the obligations of the principal contractor (Spelman College) is a subcontractor. For purposes of this Policy, subcontractor includes subrecipient.

 

FACULTY AND STAFF

ANNUAL DISCLOSURE

Spelman College

Conflict of Interest Statement

Download Annual Disclosure Form

 

TO:      Secretary of the College, the Provost or the Director of Human Resources, Spelman College (the “College”)

 

            The undersigned represents to the College as follows:

 

1.         I understand that the College is a charitable organization described in section 501(c)(3) of the Internal Revenue Code as exempt from federal income taxes, and that in order to maintain such tax-exempt status the College must continuously engage primarily in activities that accomplish its tax-exempt purposes and do so in a way that does not have the potential to adversely affect any decisions relating to research or other College activities.

 

2.         I have received a copy of the Conflict of Interest Policy for the College and have read the Policy and understand its terms and requirements.

 

3.         I agree to comply with the Policy.

 

4.         I understand that the Policy applies to all faculty and staff of the College.

 

5.         I understand that if either I or a member of my immediate family or an entity of which I am a director, officer, employee or investor becomes, applies for, or begins a federally sponsored research project with the College I must comply with all applicable portions of the College’s Conflict of Interest Policy affecting faculty and staff.

 

6.         I have the following relationships with entities doing or attempting to do business with the College in any way, including those attempting to participate with the College in any federally sponsored research.  (Please list even if previously disclosed.)  Attach additional sheets if necessary.

 

            ________________________________________________________________

 

            ________________________________________________________________

 

            ________________________________________________________________

 

7.         I have the following interests, including part-time employment, in excess of five thousand dollars ($5,000.00) in entities doing business with or attempting to do business with the College in any way, including those attempting to partner or contract with the College to participate in any federally sponsored research.  (Please list even if previously disclosed.)  Attach an additional sheet if necessary.

            ________________________________________________________________

            ________________________________________________________________

 

            ________________________________________________________________

 

8.         With the exception of any compensation or reimbursement of expenses that may be authorized by the Board of Trustees with respect to any services to the College, I hereby certify that neither I nor any family member of mine has any Financial Interest or any Conflicting Interest, as such terms are defined in the Conflict of Interest Policy, except as set forth in items 6 and 7 above.

 

Date:   ________________________            Position:  ____________________________

 

Name (Printed):  ______________________________________________________

 

Signature:  ___________________________________________________________

 

 

 



1 Members of the Board of Trustees and all committees, subcommittees and advisory committees of the Board are subject to a separate conflict of interest policy, except as relates to federally sponsored research.

Policy No.  108  Effective Date:  9/1/2000  Revision Date:  9/10/2018