Conflict of Interest (COI)

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Last updated: Apr 23, 2024 by Cindy Hanson
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Conflict of Interest (Professionalism)

Individual COI Policy 

The Individual Financial Conflict of Interest Policy (links to external site) applies to all University employees. It prescribes procedures for disclosure of financial interests by the individual employee, reviews conducted by the Individual Conflict of Interest Committee, and the exercise of ongoing oversight and management where necessary. It indicates the sanctions that may be applied when the policy is violated. The policy is based on federal financial regulations promulgated by the Department of Health and Human Services (DHHS) and is compliant with all National Institutes of Health (NIH), NSF, and FDA requirements. You will be required to complete this training every four years. 

As appropriate, subcontractors and other external research collaborators must also comply with this policy unless their institution/company provides adequate assurances that they are compliant with the federal regulations referenced above. This policy applies to any research, education, or service activity regardless of whether support is provided to the University or employee. Support may be in the form of sponsorship, incentive, equipment, or gift. 

Many other University of Utah, state, and federal policies are also applicable in the governance of conflicts of interest. 

*This policy overlaps with but does not supplant University Employees' responsibilities under the Utah Public Officers' and Employees' Ethics Act, Utah Code Annotated § 67-16-1 et seq. (the Ethics Act), which in some instances may include additional reporting responsibilities. In many instances, this policy is broader than the Ethics Act in the situations covered. Also, incorporated by reference are the National Science Foundation Policy; Department of Health and Human Services, Responsibility of Applicants for Promoting Objectivity in Research for Which Public Health Service Funding Is Sought and Responsible Prospective Contractors [Fed Regist. 2011 Aug 25;76(165):53256-93]; 42 CFR Part 50, Subpart F and 21 CFR Part 54; Food and Drug Administration, Financial Disclosure by Clinical Investigators. As additional external federal policies are imposed, this policy will incorporate such new policies by reference

COI Website (links to external site)  

COI Reporting Form (links to external site)  

COI in the Workplace 

COI Expanded Explanation 

Outside Employment – Policy 5-204, Section III, Item A (links to external site) All full-time personnel of the University shall give full service to the work of the University during scheduled work periods. Non-university employment must not interfere with the discharge of the person's full-time service obligations to the University. All full-time staff will treat the University as their prime employment activity. Each staff member is responsible for informing their immediate supervisor of any outside employment. Supervisor approval is required. Full-time staff may not maintain business or professional telephone listings in their own name or establish off-campus offices for non-university-related professional or business activities unless authorized by the President. Soliciting customers and conducting business related to outside employment on University time is strictly prohibited. 

Public Service – Policy 5-204, Section III, Item B (links to external site)  

The University approves of public service activities that are compatible with full performance of University duties and consistent with University regulations. Supervisory approval is required prior to participation in public service engagements during on-duty time and in situations where the employee may be representing the University in an official/non-official capacity during non-duty hours. 

Procurement: Vendor Purchases – Policy 1-006 (links to external site)  

An employee in charge of making purchases on behalf of the University must seek the least expensive price available. University employees may not accept any gifts from vendors encouraging them to use their service in lieu of another. A University Employee is forbidden to receive compensation as a result of, or in connection with, any transaction between the University and a business entity in which the employee has a substantial interest. 

University employees are required to disclose to their immediate supervisor and to the University purchasing agent any personal or family member's interest (including employment) in any business entity, which the employee knows or has reason to believe, may enter into any transaction with the University. 

Contact Information 

Conflict of Interest Office 

Departmental Email: coi@utah.edu 

Office Main Line: (801) 587-3232 

 Campus Address: Research Administration Building (RAB) 

     75 South 2000 East 

     Salt Lake City, UT 84112 

 

Financial Conflict of Interest (Professionalism)

What Is a Financial Conflict of Interest? 

Financial conflicts of interest exist when your personal financial interests have the potential to influence your university responsibilities in one or more of these areas: 

  • research 

  • business transactions (e.g., license agreements, subcontracts, other contracts) 

  • intellectual property 

The University encourages relationships with the business community. In situations where these relationships create financial conflicts of interest, the University must promptly identify them and ensure that they are appropriately managed, reduced, or eliminated to protect the individual and the institution. 

Why are Financial Conflicts of Interest Important? 

The influence of your personal financial interests on your university responsibilities may be unintentional or even subconscious. Therefore, an independent evaluation of your personal financial interests is important to prevent any negative consequences for you or the University. Potential negative consequences, real or perceived, may include: 

  • bias in research or academic work 

  • improper influence over university subordinates or students 

  • undue influence on research participants 

  • inappropriate uses of university funds or property 

  • public allegations of unethical behavior 

These situations can impair the integrity of the research enterprise and have the potential to damage the reputations of the individual and the University. 

How Can You Prevent or Minimize Negative Consequences?  

The Individual Financial Conflict of Interest Policy 1-006 (links to an external site) utilizes disclosure as the key mechanism to bring potential conflicts to light for review and oversight by the Conflict of Interest Committee. By completing this disclosure form, you are complying with University policy and applicable federal conflict of interest regulations for research.  
 
If a potential conflict of interest is identified, you are expected to cooperate with the Conflict of Interest Committee and University administrators in their review and oversight of the conflict. 

 

What Personal Financial Information Am I Required to Disclose? 

  • Significant Financial Interests (including those of Family Members) that reasonably appear related to your professional responsibilities to the University. You must provide a brief description of the activity and the dollar amounts (or ranges) associated with the Significant Financial Interest. 

  • Intellectual property rights and interests of you and your Family Members, when: 

    • a patent application is filed or 

    • when a copyright is asserted or 

    • upon receipt of income related to such rights and interests, including royalty income from intellectual property owned by the University of Utah Research Foundation. 

 Examples of financial interests that are relevant to an individual's professional responsibilities: 

  • A researcher in the Department of Biology owns more than $7,000 in stock in a company that is funding a grant to support a post-doc in his colleague's lab. He has been invited to be a co-author on a paper that his colleague is publishing from the results of work in the lab. 

  • A faculty member in the Department of Psychology earns $8,000 per year as a consultant for a company that develops psychological evaluation tools for corporate clients. 

  • A researcher in Engineering accepts stock options in a startup company that is planning to license technology developed in her lab. 

  • A course instructor is paid $7,500 as a consultant to help develop online course delivery tools for a book publishing company. 

  • The spouse of a professor in the School of Architecture is an equity partner in an architectural firm that will bid on university projects. 

 Examples of financial interests that are not relevant to an individual's professional responsibilities: 

  • The dependent child of a faculty member in English inherits stock in a pharmaceutical company valued at $11,000. 

  • A researcher in the Department of Physics is paid $6,000 annually to serve as Chairperson of the Board of Directors for a local art gallery. 

How Often Must Disclosures Be Updated? 

Disclosures need to be updated when any of the following criteria are met: 

  • At least annually. 

  • Within thirty (30) days of discovering or acquiring (e.g., through purchase, marriage, or inheritance) a new Significant Financial Interest(s) — or, in the case of UUHS Faculty and UUHS Managers, a Financial Relationship — that is related to the individual's professional responsibilities to the University. 

  • A current certification is required prior to submitting a proposal to the Office of Sponsored Projects and prior to review of an application by the Institutional Review Board.