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Conflict of Interest

1. PURPOSE

Recognizing, disclosing, and managing employee conflicts of interest is a crucial part of maintaining integrity on campus and reinforcing a culture of professionalism and the proper use of university resources. This policy provides guidance for all part-time, full-time, and student employees for identifying conflicts of interest and establishes the process for disclosing and managing them. It also reaffirms that university employment is the primary work commitment of full-time university employees and describes the appropriate use of university resources made available through sacred tithing funds.

2. POLICY

Whenever an individual’s university position or activities give an opportunity for significant personal or family monetary benefit beyond the compensation paid by the university, the circumstances of such potential benefit must be disclosed to the appropriate line management and an appropriate plan adopted.

3. Implementation

3.1 Definitions

3.1.1 Conflict of Interest

A situation where a personal interest of a university employee (financial, relationship, or otherwise) is inconsistent with, interferes with, compromises, or could compromise the best interests of the university.

3.1.2 Incidental Use

Occasional or infrequent personal use that results in little or no cost to the university.

3.1.3 Outside Activities

Secondary Employment; service on advisory, corporate (nonprofit and for-profit), and public boards or commissions; or activities that require a consistent expenditure of time during work hours and that are unrelated to an employee’s university responsibilities. Outside Activities may constitute a Conflict of Interest.

3.1.4 Related Party

An employee’s immediate family (spouse, parent, child, sibling, and corresponding in-law or step-relation), grandparent, aunt, uncle, and first cousin. Related Party also includes corporations and other business entities in which an employee has an ownership interest that exceeds 10 percent.

3.1.5 Secondary Employment

Any employment or work, including self-employment, other than an employee’s primary position at the university. Examples of Secondary Employment include after-hours employment with another employer, consulting, operating a part-time business or other entrepreneurial pursuits, clinical practice, performances, seminars and workshops, private instruction provided on or off campus, positions at other Church Educational System (CES) institutions, or a second position at BYU–Hawaii.

3.2 Prohibited Conflicts of Interest

The following Conflicts of Interest are prohibited for all university employees because they are so significant that they cannot be managed in ways that protect the interests of the university.

  • Negotiating, influencing, or attempting to influence the negotiations of contracts or agreements between the university and a third party for the benefit of the employee or a Related Party (Vendor Hosting and Gift Acceptance Policy). 
  • Using non-public information acquired in connection with university business (e.g., confidential personal records, knowledge of forthcoming programs, site selections, and contractor selection) for the benefit of the employee or a Related Party or other unauthorized purposes before public announcements. 
  • Using a university position to obtain personal or Related Party privileges or benefits from persons or firms outside the university or from the university itself that are not available to all similarly situated employees (Vendor Hosting and Gift Acceptance Policy, Hosting, Retreats, and Teambuilding Policy, Nepotism Policy, and Travel Policy). 
  • Voluntarily testifying in a legal proceeding as an expert witness adverse to the university, its affiliated sponsor, The Church of Jesus Christ of Latter-day Saints (Church of Jesus Christ), or other entities that are affiliated with, owned by, or controlled by the Church of Jesus Christ, including other CES institutions. University employees are not precluded in any way from testifying as lay witnesses. 
  • Unauthorized personal or commercial use of confidential or proprietary information, trade secrets, or intellectual property that are developed within the scope of employment or otherwise owned by the university. 

3.3 Disclosure, Management, and Review of Conflicts of Interest and Outside Activities

Because an Outside Activity may constitute a Conflict of Interest, employees must disclose both Outside Activities and Conflicts of Interest. New employees must make these disclosures at the time of hire. Current employees must disclose Outside Activities before engaging in the Outside Activity. Current employees must also disclose Conflicts when they arise or when the employee becomes aware of the Conflict. Thereafter, employees are required to disclose all Outside Activities and Conflicts of Interest annually.

Conflicts of Interest, including Outside Activities that create a Conflict of Interest, should be managed according to the subsections below with the goal of assisting employees to build professional careers consistent with employment expectations. If an employee and the employee’s department chair or supervisor are unable to agree on a plan to resolve or manage a Conflict of Interest, the matter will be referred to the next level of management for resolution.

3.3.1 Faculty

Full-time faculty members must disclose potential Conflicts, current Conflicts, and Outside Activities using the BYU–Hawaii Conflict of Interest Disclosure form. HR will direct those who disclose information to have a follow- up conversation with their deans who should understand these faculty members’ work assignments and factors relevant to Conflicts and Outside Activities. If a Conflict is identified, the employee and dean collaborate to develop a written plan describing how the Conflict will be reduced, eliminated, or appropriately managed. If any concerns are noted, the chair dean may be directed to create a revised plan with the employee.

When evaluating a Conflict or a potential Conflict, deans should consider time commitment and productivity factors related to teaching, scholarship, and citizenship. Faculty members are expected to be accessible to students, both by keeping regular office hours and by being available in person at other times on campus. Department chairs should not approve activities they believe would unduly limit a faculty member’s availability to students or compromise a faculty member’s teaching, scholarship, or citizenship performance.

Faculty service on editorial boards related to the faculty member’s area of scholarship is likely not a Conflict of Interest but still requires disclosure.

3.3.2 Adjunct Faculty

Adjunct faculty disclose Conflicts and Outside Activities, with the exception of Secondary Employment, to their department chair. Chairs should understand their adjuncts’ assignments and factors relevant to Conflicts. If a Conflict is identified, the part-time faculty member and chair collaborate to develop a written plan describing how the Conflict will be reduced, eliminated, or appropriately managed.

3.3.3 Administrative and Staff Employees

Activities that require written authorization, as described in the Secondary Employment Requiring Authorization section below, must be disclosed as they arise, and written authorization obtained before the proposed activity is initiated.

Administrative and staff employees disclose Conflicts and Outside Activities using the BYU–Hawaii Conflict of Interest Disclosure. HR will direct those who disclose information to have a follow-up conversation with their, supervisors to discuss Outside Activities and evaluate the potential for Conflicts of Interest. Supervisors should understand their employees’ work assignments and factors relevant to Conflicts and Outside Activities. If a Conflict is identified, the employee and supervisor collaborate to develop a written plan describing how the Conflict will be reduced, eliminated, or appropriately managed. The plan is submitted to HR with the BYU–Hawaii Conflict of Interest Disclosure, and copies are kept on file with HR and sent to the next level of management for approval. If any concerns are noted, the supervisor may be directed to create a revised plan with the employee.

3.3.4 Part-Time Employees and Student Employees

Part-time employees and student employees disclose Conflicts and Outside Activities to their supervisors. As described in the Secondary Employment section below, students are not required to disclose Secondary Employment. Supervisors should understand their employees’ work assignments and factors relevant to Outside Activities and Conflicts. If a Conflict is identified, the employee and supervisor collaborate to develop a written plan describing how the Conflict will be reduced, eliminated, or appropriately managed.

3.4 Primary Employment Commitment

A minimum time commitment is a basic element in any employee's obligation to BYU–Hawaii. For full-time administrative and staff employees, that minimum is 40 hours per week, except for limited cases permitted by the university and documented in writing.

3.5 Secondary Employment

Full- and part-time employees are required to disclose Secondary Employment because there is a high potential for a Conflict. Adjunct faculty are not required to disclose Secondary Employment. Student employees are required to disclose Secondary Employment only when employed by more than one university department or when simultaneously conducting research on the same issue for BYU–Hawaii and a third-party.

When evaluating Conflicts of Interest relating to Secondary Employment, an employee and the employee’s department chair or supervisor should consider the degree to which the Secondary Employment materially conflicts with the employee’s obligation to the university, as well as the requirements of the Part-Time One Employer Policy.

Secondary Employment involving endorsements or the employee’s affiliation with the university is subject to the Advertisements on Campus policy. Employees may not use university-provided personal information for students and employees, including contact information, to promote their Secondary Employment.

Employees who pursue Secondary Employment that interferes with the commitment of primary professional responsibility to the university may request a personal leave or a salary reduction as a temporary solution. All leave or salary changes require approval by the academic vice president president (for faculty) or the human resource director (for administrative and staff employees).

3.5.1 Secondary Employment Requiring Authorization


In addition to making all disclosures required by this policy, a full-time employee must receive written authorization from the employee’s department chair or supervisor to:

  • Maintain an off-campus office to conduct work-related responsibilities, other than in an employee’s home or a location with written approval from the President’s Council (See Work Hours policy).
  • Teach or provide instructional or administrative services for other educational institutions.
  • Work for another unit of the university, another CES institution, or the Church of Jesus Christ if it would result in more than full-time employment
  • Operate a business, serve as an officer (in title or in fact) of a business, or maintain employment with a business that requires attention during the employee’s assigned work hours.
  • Provide consulting services.

3.5.2 Extent of Permissible Secondary Employment for Full-Time Faculty Members


The university sets time limitations on Secondary Employment for full-time faculty members. Unless otherwise provided by contract, a faculty member may (with prior written approval of the dean) spend up to four days per month on Secondary Employment while under contract. If these approved activities are carried out during the workweek (Monday–Friday), there is an inherent expectation that the faculty member will not forego core functions of their faculty duties and will devote equivalent time on adjacent weekends and/or in the evenings to compensate for time away from their faculty responsibilities.

3.6 Allocation of Employee Time

Other than work performed in connection with university citizenship expectations or university-sponsored activities or responsibilities described in an employee’s job description, a dean or supervisor should not ask an employee to perform tasks or services for charitable institutions or commercial entities.

3.7 Church and Charitable Service

Employees’ Church and charitable service should be reserved for non-work hours, except for university-sponsored opportunities. Employees may elect to use vacation hours to perform Church callings or other types of charitable work. In general, the Church of Jesus Christ’s sponsorship of the university does not warrant using university time, equipment, or facilities for Church or other types of charitable service. At the same time, the university is sympathetic to the need for some flexibility. Employees should not normally use an office or workstation for Church business during working hours. Activities that would not ordinarily create a Conflict of Interest include using an office during off-duty hours and occasionally attending to urgent Church business during regular hours if it cannot wait for off-duty hours. Special circumstances should be discussed with an employee’s dean or supervisor.

3.8 Use of University Resources


Incidental Use of university property and equipment is generally permissible when it does not conflict with normal university activities. Non-incidental use of university property and equipment, including the use of consumable supplies (e.g., copy machines and postage), requires prior written authorization from the employee’s dean or supervisor, which should provide for adequate reimbursement to the university. Some proposed personal uses may be so extensive or substantial that neither authorization nor reimbursement can make the use appropriate. If applicable, employees must follow department procedures that address the specific use of department-controlled university property and equipment.

Any personal use of a university vehicle or other major capital equipment is not considered incidental. Use of university information technology resources is subject to the IT Resources Acceptable Use policy.

3.9 Gifts and Donations

Gifts received by employees from vendors are subject to the university’s Vendor Hosting and Gift Acceptance Policy. Employees may not solicit donations from university vendors on behalf of families, wards and stakes of the Church of Jesus Christ, or other charitable organizations unless authorized to do so under the Charitable Fund-Raising Policy. Monetary donations and non-monetary donations of university property and equipment are subject to the Surplus Property Policy.

University employees must take care to avoid real or perceived conflicts of interest or quid pro quo scenario when accepting gifts or donations from students, prospective students, donors or any other entity.

3.10 Running for Public Office and Working on Political Campaigns


Full- and part-time employees are required to disclose any intentions to run for office or be heavily involved in campaigning as a candidate or as a supporter of a candidate running for office. Running for office or supporting a campaign is considered an Outside Activity and may constitute a Conflict of Interest.

Non-incidental use of university property and equipment, including the use of consumable supplies (e.g., copy machines and postage), is not permitted for political campaigns or related public office pursuits.

All campaign or public office related activities must be conducted outside of normal work hours and off campus.

3.11 Jury Duty and National Guard Service

Employees called to jury duty or to serve in the National Guard are subject to the Administrative and Staff Employee Leave Policy.

4. RELATED POLICIES AND PROCEDURES

Hiring/Employment
Vendor Hosting and Gift Acceptance 
Hosting, Retreats, and Teambuilding 
Nepotism 
Promotional Activities 
Use of University Identity 
Administrative and Staff Employee Leave 

Details

Policy Owner: Director of Human Resources

Executive Sponsor: Administrative Vice President

Original Approval by President's Council: 06/04/2002

Modified: 01/19/2024

Last Reviewed: 01/19/2024

Next Review: 07/19/2025

Full revision history maintained by the Office of Compliance & Ethics.