政策:
OAKLAND UNIVERSITY 校董会
CONFLICT OF INTEREST POLICY
Approved by the Board of Trustees on December 5, 2016
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目的
The purpose of this policy is to express the Board of Trustee's intent that trustees, 教师, 工作人员, 和 others serving 365英国上市官网 should not be personally involved in any arrangement that could create a conflict of interest with the university. Everyone who serves the university should promote the best interests of the university over their own personal 和 financial interests. Conflicts of interest occur in a complex society. Everyone who serves the university must report their own conflicts of interest 和 those of others to the university as soon as they become known so that the conflict of interest can be promptly 和 properly managed. This policy will be interpreted 和 applied broadly.
第二条
利益冲突
Conflicts of interest are those personal 和 financial interests, 是否真实的, 明显的或可能的, the could lead someone to: (a) compromise or lose their own independence, impartiality or judgment in connection with an arrangement with the university; (b) propose or support an arrangement with the university that is not in the university's best interest; (c) results in personal or financial gain to that person; (d) involves preferential treatment to the person's family or business associates; or (e) would damage the university's reputation or erode the public's confidence in the university.
第三条
年度书面披露
To maximize awareness of conflicts of interest, 每年受托人, 高管, deans 和 directors must submit a signed written disclosure that af公司s they will comply with this policy, 和 informs the university of their personal, financial 和 business interests 和 those of their family 和 business associates that could involve an arrangement with the university. Trustees 和 the President will deliver their disclosures to the chairperson of the board, the chairperson of the board's audit or successor committee, 或被任命者; 和 everyone else will deliver their disclosures to the Conflict of Interest Review Committee. The written disclosures will be maintained in confidence by the university to the fullest extent permitted by law.
第四条
道德意识计划
The Vice President for Finance 和 Administration, 或被任命者, will publicize this policy to the university community 和 conduct an annual ethics awareness program that will inform people what a conflict of interest is 和 how to report them to the university. (见附录)
第五条
Conflict of Interest Review Procedures
1. Conflict of Interest Review Committee
A Conflict of Interest Review Committee is hereby established whose members are the: (a) Internal Audit Director, (b)采购经理, 和 (c) Assistant Vice President for Human 资源, or the successors to those positions ("CRC").
2. Duty to Promptly Self-Disclose/Report/Inquire-About 利益冲突
As soon as the conflict of interest becomes known, Trustees 和 the President will report their own conflicts of interest to the chairperson of the board, the chairperson of the board's audit or successor committee, 或被任命者 in writing; 和 everyone else will report their own conflicts of interest to the CRC in writing. The university may also require that a person or entity being considered for an arrangement with the university disclose conflicts of interest.
3. The Conflict of Interest Review Process
a) 由谁进行评审. The Trustees without the conflict of interest will review conflicts of interest involving Trustees 和 the President. The CRC will review conflicts of interest involving everyone else. If a CRC member is the person with the conflict of interest, that CRC member will not participate 和 the Vice President for Finance 和 Administration will appoint a temporary replacement for that review.
b) 参与. The person with the conflict of interest will be given an opportunity to disclose all material facts related to their conflict of interest, to explain why the arrangement may not be a conflict of interest or that the conflict of interest will bring a compelling benefit to the university. 在讨论之后, the person with the conflict of interest must leave the meeting while the matter is discussed 和 a decision is made.
c) Analyzing the Conflict of Interest. To determine whether a conflict of interest exists, the Trustees 和 the CRC: (1) will apply the principles 和 definitions contained in MCL 15.301 和 any other applicable State of Michigan 和 federal conflict of interest statutes as they are adopted 和 amended from time to time ("Laws"); (2) may apply the conflict of interest policy statements, principles 和 technical guidelines most recently published by the Association of Governing Boards of Universities 和 Colleges; (3) will apply the definitions commonly used to define 和 interpret the terms direct, 间接, 明显的, actual 和 possible in the context of conflicts of interest; 和 (4) will apply the following definitions:
(a) 安排. 安排 include the purchase of any good or service, gifts 和 nepotism in any
aspect of university employment 和 teaching 和 advising of students.
(b) 商业伙伴. 业务 associates include those persons with whom the person is engaged in a
commercial enterprise, by or through an entity described by the Laws (such as a corporation, trust,
professional limited liability company, 公司, partnership or unincorporated association), 或以其他方式.
(c) 家庭. 家庭 includes those persons with whom the person has a personal relationship by blood,
婚姻, 国内合作伙伴, 采用, or other personal relationship including but not limited to as a
家长, 继父母或养父母, 孩子, 继子女或寄养子女, 哥哥, 妹妹, 祖父母, 孙子,
half-哥哥 or half-妹妹, 阿姨, 叔叔, 侄女, 侄子, other dependents 和 their respective spouses, 和
姻亲. (d) 礼物. A gift is anything of value in any form including money, goods, entertainment, services, use of
property or facilities, loans 和 price concessions. Nominal advertising items, promotional materials of token
value 和 business meeting meals are not gifts.
(e) 裙带关系. 裙带关系 is the bestowal of patronage to family members through initiation, participation or
influence of arrangements involving the family member.
d) 决定. The Trustees 和 the CRC will by majority vote of disinterested members decide whether a conflict of interest exists 和 whether the conflict of interest will be avoided entirely, or effectively 和 properly managed because the conflict of interest will bring a compelling benefit to the university such as by prohibiting the person with the conflict of interest from playing any role whatsoever on behalf of the university in the arrangement.
e) 文档. Conflict of interest meetings, deliberations 和 decisions will be documented to con公司 the integrity of the process 和 the propriety of the decision by written minutes or memor和um that include the nature of the conflict of interest, the names of all persons involved, the due diligence conducted, the roll call vote 和 any management conditions established.
第六条
Confidentiality 和 Appropriation of University Opportunities No one may use confidential information acquired in service to the university for any purpose other than university business, or give confidential information to any person or entity without the prior written consent of the university. If a person becomes aware of a business, investment or other potentially valuable opportunity that rightfully belongs to the university, that person must bring the opportunity to the university.
第七条
Actions Not Void or Voidable No arrangement undertaken by the university is void or voidable or may be challenged by a third party under this policy.
第八条
范围 This policy supplements but does not replace any applicable State of Michigan or federal law that governs conflicts of interest; 和 in all cases of federally sponsored grants 和 contracts, the regulations 和 procedures necessary to meet federal agency conflict of interest requirements will control. The Board of Trustees is responsible for assuring compliance with this policy directly or through its appointed committee. |
