WVU requires faculty and others to disclose outside activities and outside financial interests whenever personal, commercial, or financial interests or activities outside of the University have the possibility (either in actuality or in appearance):
- To interfere with WVU employees' ability to fulfill their employment obligations;
- To compromise a faculty or staff member's professional judgment;
- To bias research or compromise, or give the appearance of compromising, the sound professional judgment of our research investigators; or
- To result in personal gain for the employee or employee's immediate family, at the expense of the University and/or the state.
University faculty and other personnel are State employees and thereby subject to WV State Ethics Act. Faculty and others engaged in teaching and academic research have a negotiated “carve out” from these regulations, subject to certain requirements for the university to review, approve, and manage potential conflicts of interest stemming from outside activities. This allowance is in place to foster technology transfer and economic development activities that benefit the State. Because university employees are compensated using taxpayer dollars, we must strive to embody and model the highest ethical standards for our students and West Virginia taxpayers. WVU leadership reminds faculty and others that these types of entrepreneurial activities, when disclosed and approved properly, are points of pride and celebration as they represent the University’s commitment and obligation as a public land grant university to economic development and community service.
Outside financial interests (unrelated to an outside activity) must also be disclosed, not only to comply with West Virginia ethics regulations, but also Federal regulations which may be applicable based upon one’s funding sources for research and sponsored projects.
If you are a WVU SOM employee, please access SOM-specific information regarding this requirement.
FAQs
- What is an “outside consulting arrangement?”
- What are the guidelines for faculty and staff around outside consulting?
- What is meant by a “conflict of commitment?”
- What are examples of activities that are not considered outside consulting arrangements?
- Who is required to seek approval and disclose outside consulting arrangements?
- How do I obtain approval for an outside consulting arrangement?
- If I am currently engaging in an outside consulting arrangement previously approved by my department chair or dean, do I need to get my arrangement reapproved in accordance with Rule 1.4?
- What do I do if I have already been engaged in an outside consulting arrangement that was not approved by either a department chair or dean?
- What are some guidelines I should follow when engaging in my outside consulting arrangement?
- Where do I access the forms related to outside consulting arrangements?
- Who is responsible for reviewing contracts for outside consulting arrangements?
- Am I covered by the University’s insurance when I am engaged in an outside consulting arrangement?
- What is the process for annual disclosure of outside consulting arrangements?
- Where can I find more information on outside consulting?
What is an “outside consulting arrangement?”
An outside consulting arrangement is any outside employment, arrangement or contract where a full-time faculty or non-classified staff member provides their expertise to a third party as an independent contractor and in which the expertise is, directly or indirectly, related to the employee’s employment or job duties with WVU.
What are the guidelines for faculty and staff around outside consulting?
Full-time faculty and staff may engage in consulting outside of their employment responsibilities to the University on subjects that are within their area of professional expertise. However, any outside consulting arrangement at a minimum must:
- Further develop the individual professionally or serve the community, state or nation in an area related to their assignment or professional expertise.
- Not constitute a conflict of commitment with the individual’s responsibilities at WVU, nor interfere with their teaching, research and service to the University.
- Not be in conflict with WVU’s mission and objectives.
What is meant by a “conflict of commitment?”
A full-time faculty or staff member’s primary commitment of their time and intellectual effort must be to the teaching, research, scholarship and service missions of WVU. A conflict of commitment may arise when external activities (i.e., those that do not relate to the University) exceed reasonable time limits or become the faculty or staff member’s primary professional responsibilities.
What are examples of activities that are not considered outside consulting arrangements?
Examples of activities that are not considered outside consulting arrangements include:
- University-sponsored consulting arrangements – Agreements between WVU and a third party to sell employees services to advance the University’s mission are not considered outside consulting arrangements if payment from the third party goes to WVU and the time committed by the employee to the third party is considered part of the employee’s institutional duties.
- Grant reviews, conference participation and speaking engagements – Participation in federal agency grant reviews or similar pursuits are not considered outside consulting arrangements if these activities are considered part of an employee’s institutional duties. Further, reasonable honorariums and travel may be collected for an employee’s participation in these activities if approved by their supervisor.
- Part-time employment – Faculty and staff are permitted to engage in part-time employment unrelated to their institutional duties outside of their normal working hours at the University (e.g., weeknights, weekends and holidays). However, the employee’s primary responsibility must be to WVU, and their part-time employment must not constitute a conflict or the appearance of one.
- Volunteering – Faculty and staff are permitted to volunteer outside of their normal working hours at the University (e.g., weeknights, weekends and holidays). However, the employee’s primary responsibility must be to WVU, and their volunteering must not constitute a conflict or appearance of one.
Who is required to seek approval and disclose outside consulting arrangements?
All full-time WVU faculty and non-classified staff must disclose and seek advance approval for outside consulting arrangements. Part-time employees (e.g., adjunct faculty) are not required to seek approval for consulting arrangements or other employment conducted outside of their part-time employment with the University
Who is required to seek approval and disclose outside consulting arrangements?
Prior to engaging in any outside consulting arrangements, you should complete an Outside Consulting Arrangements Do’s and Don’ts PDF and submit it to your department for approval. Depending on your department, the form may need to be approved by your dean or vice president.
If I am currently engaging in an outside consulting arrangement previously approved by my department chair or dean, do I need to get my arrangement reapproved in accordance with Rule 1.4?
No. If you previously obtained appropriate approval for your outside consulting arrangement, you do not need to get the arrangement pre-approved. However, please ensure that you disclose this arrangement on your annual disclosure form on August 31.
What do I do if I have already been engaged in an outside consulting arrangement that was not approved by either a department chair or dean?
If you have not previously received approval for your outside consulting arrangement, please immediately consult with your dean or vice president to develop a plan for appropriate disclosure and review. You should immediately raise and manage any conflicts that may come to light that the University was previously unaware of. This may include terminating the outside consulting arrangement. Additionally, you must include all outside consulting arrangements on the annual disclosure form whether they are approved or not.
What are some guidelines I should follow when engaging in my outside consulting arrangement?
While you may not be performing University duties when engaging in an outside consulting arrangement, you still must comply with the Ethics Act and Rule 1.4.
Some common pitfalls that you should avoid include:
- Using WVU resources unless you first seek approval and put a reimbursement plan into place.
- If you are not a leave-eligible employee, agreeing to participate in an arrangement that would require more than one day per week of your time during your appointment period.
- Using University intellectual property, including its trademarks and logos, as part of the arrangement.
- Failing to use leave if you are a leave-eligible employee and the outside arrangement will require you to perform work during your normal University working hours.
- Endorsing a commercial product, service or private company.
For more information, view the Outside Consulting Arrangements Do’s and Don’ts PDF.
Where do I access the forms related to outside consulting arrangements?
All forms and reference material related to outside consulting arrangements can be found on policies.wvu.edu.
Who is responsible for reviewing contracts for outside consulting arrangements?
The WVU employee entering into a contract with an outside entity is responsible for reviewing the contract and ensuring it does not violate the University’s policies, federal law, state law (including the Ethics Act) and the employee’s professional ethical standards.
Am I covered by the University’s insurance when I am engaged in an outside consulting arrangement?
Employees who engage in outside consulting arrangements do so outside of their duties at WVU. Therefore, the University’s insurance does not cover your participation in outside consulting arrangements. Additionally, because the University is not a party to this arrangement, it has no obligations nor potential liability under these arrangements, and it does not provide any indemnity for these activities.
What is the process for annual disclosure of outside consulting arrangements?
All WVU faculty and non-classified staff must complete an Outside Consulting Arrangements Do’s and Don’ts document (PDF) detailing their outside consulting arrangements undertaken during the past fiscal year. The form must be completed by August 31, and returned to the employee’s dean or vice president (or their designee).
Where can I find more information on outside consulting?
Visit policies.wvu.edu for more information and to view the Outside Consulting Arrangements Do’s and Don’ts document (PDF). Contact your vice president, dean or the Office of General Counsel with any questions.
Questions?
Visit policies.wvu.edu for more information and view the Outside Consulting Arrangements Do’s and Don’ts document (PDF). Contact your vice president, dean or the Office of General Counsel with any questions.