Conflict of Commitment

• General University of California Policy
• Managing Compensated Outside Professional Activities
• Difference between Conflict of Commitment and Conflict of Interest

GENERAL UNIVERSITY OF CALIFORNIA POLICY

1. General Principles — Teaching and research or other creative work are the primary activities of the faculty and are to receive the largest commitment of effort and energy. A faculty member is obligated to have a significant presence on campus, to meet classes, to keep office hours, to hold examinations as scheduled, to be accessible to students and staff, to be available to interact with University colleagues, and to share service responsibilities throughout every quarter of active duty.

   Faculty members are also expected to participate in University activities and to use their professional expertise to contribute to their profession and to the outside community. The University sees great value in activities outside the University that advance and communicate knowledge through interaction with industry, the community, and the public, and through outside professional opportunities.

   The University permits faculty members to engage in compensated and uncompensated outside professional activities, as long as the activities are undertaken in a manner consistent with the full performance of a faculty member's primary University obligations and as long as the consulting does not interfere with a faculty member's full-time commitment to the University. Faculty members are responsible for ensuring that any outside professional activities or interests do not interfere with their full performance of their primary University obligations and with meeting their full-time commitment to the University.

2. Applicability — The policies in this section apply to full-time and part-time faculty members who are members of the Academic Senate and in equivalent ranks. However, the policies do not apply to emeritus faculty unless the emeritus faculty is on recall status.

   The policies also apply to all academic or other administrators who hold academic appointments in a faculty title series regardless of the current percentage of time related to the academic appointment. Academic administrators may also be subject to additional approval and reporting requirements as set forth in the University Policy and Guidelines on Outside Professional Activities for Officers and Designated Staff.

   The policies do not apply to Lecturers in Unit 18 or to appointees in the Research and Project Scientist/Scholar series.

3. Time Limits on Compensated Outside Professional Activities — Full-time faculty members on a nine-month appointment may engage in appropriate compensated outside professional activities for up to 39 days during the academic year. Faculty members may engage in outside professional activities full-time during the summer months in which there is no other salary compensation from the University (such as work on sponsored projects). If a faculty member on an academic-year appointment receives University summer compensation, then the applicable limit on compensated outside professional activities is the equivalent of one day per week during the period in which compensation is received.

   Full-time faculty members with fiscal-year appointments may engage in compensated outside professional activities, including consulting, for up to 48 days for the entire year.

   For part-time faculty, the applicable time limit is prorated based on their percentage appointment at UCSD.

   Allowable days not used one year may not be carried forward to the next year.

4. Amount of Compensation — The focus of University policy is on the level of commitment or time required for the outside activity. The amount of outside earned compensation is not limited for General Campus and SIO faculty. Health science faculty members who participate in a compensation plan are subject to, and may only retain professional income in accordance with, the terms of the compensation plan.

5. Annual Reports — Faculty are required to file annual reports of specified compensated outside professional activities and outside teaching activities. The first reports are due November 1, 2002, for the period July 1, 2001, through June 30, 2002.

6. Outside Professional Activities That Are Ordinarily Not Permitted

   • Assuming an executive or managerial position in a for-profit or not-for-profit business. This does not include consulting for or serving on the board of directors of an outside entity.
   • Administering a grant outside the University that would ordinarily be administered under the auspices of the University.
   • Serving as a salaried employee outside the University.

   • Engaging in other compensated outside professional activities which common sense and good judgment would indicate are likely to raise issues of conflict of commitment.

   Faculty are required to obtain approval before engaging in any of the following activities, which are ordinarily not allowable. These are termed "Category I Activities."

7. Generally Permissible Outside Professional Activities

   Permissible outside professional activities are divided into two other categories:

   Category II activities are unlikely to raise issues of conflict of commitment and are ordinarily accepted as regularly performed and ordinarily allowable compensated outside professional activities. Such activities are counted within the 39/48-day time limit and must be reported annually. Examples include:

   • Providing expert testimony in administrative, legislative, or judicial proceedings.
   • Providing consulting services or engaging in professional practice where such activities are provided by the faculty member through his or her single member professional corporation or sole proprietorship. Providing such services through other types of organizations or arrangements is a Category I activity which requires prior approval.

   • Serving on the board of directors of an outside entity.

   Category III activities are integral to all disciplines and ordinarily do not present issues of conflict of commitment. They are accepted as part of the faculty member's scholarly and creative work. Even if compensated, they are allowable, are not counted within the 39/48-day limit, and do not need to be reported annually.

   • Serving on a federal, state, or local government agency, committee, panel, or commission.
   • Acting in an editorial capacity for a professional journal.
   • Reviewing journal manuscripts, book manuscripts, or grant or contract proposals.
   • Attending and presenting talks at scholarly colloquia and conferences.
   • Developing scholarly communications in the form of books, journal articles, movies, television productions, and similar works, even when such activities result in financial gain.
   • Serving as a committee member or as an officer of a professional or scholarly society.
   • Accepting a commission for an artistic work or performance that is considered an integral part of a faculty member's academic portfolio.

   • Accepting honoraria (other than those received for Category II activities) and prizes.

8. Leaves to Participate in Outside Professional Activities

   If a faculty member anticipates that any outside compensated or uncompensated outside professional activity would interfere with the performance of University duties and responsibilities, then the University may grant the faculty member an unpaid leave for up to one year to pursue the activity. A request to extend such a leave for one additional year is considered an exceptional request and requires review and approval by the Senior Vice Chancellor. A total of two years is the maximum total leave time that may be granted for a faculty member to participate in outside professional activities.

MANAGING COMPENSATED OUTSIDE PROFESSIONAL ACTIVITIES

The Senior Vice Chancellor-Academic Affairs and academic deans have responsibility for managing compensated outside professional activities and guiding faculty. Implementing procedures for UCSD are under development.

DIFFERENCE BETWEEN CONFLICT OF COMMITMENT AND CONFLICT OF INTEREST

A conflict of commitment occurs when a University employee's commitment and time to an outside activity interferes with the employee's performance of University duties. A conflict of interest occurs when (1) an employee has a significant financial interest in a company that is providing funding for the employee's research or other University activity or (2) the research might directly and significantly affect the significant financial interest of an employee responsible for the conduct of the research project. For more on Conflict of Interest, click here.

University of California Policies

1. Conflict of Commitment and Outside Activities of Faculty Members, Academic Personnel Manual 025, revised February 8, 2001, and effective July 1, 2001

2. Regents' Standing Order 103.1(b)

3. Regulation No. 4 — Special Services to Individuals and Organizations, Academic Personnel Manual 020

4. Additional Compensation/Additional Teaching, Academic Personnel Manual 662, Appendix B-1 and B-2

5. Leaves of Absences/Sabbatical Leaves, Academic Personnel Manual 740-19

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