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Conflict of Interest and Conflict of Commitment (Policy 1110)

University Policy 1110

Download a Printable Version of Policy 1110

Effective Date

August 2012

Last Revision Date

September 10, 2025

Responsible Party

Office of Research Compliance, coi@boisestate.edu

Scope and Audience

This policy applies to all university personnel including full-time faculty, adjunct or part-time faculty, staff, visiting scholars on the university payroll, student employees including graduate research assistants on the university payroll, or those on leave of absence with or without pay. Idaho law and Idaho State Board of Education policies related to ethics, transparency, and conflicts apply to all employees. Federal law and policies have additional requirements when funding is received from the U.S. government.

Additional Authority

  • CHIPS and Science Act of 2022
  • Bribery and Corrupt Influences Act, Idaho Code § 18-1351 et seq.
  • Ethics in Government Act of 2015, Idaho Code § 74-401 et seq.
  • Idaho State Board of Education Policy, Sections I.G., II.P.5.(c), II.Q, and V.O.
  • 42 CFR Part 50 Subpart F Promoting Objectivity in Research
  • National Security Presidential Memorandum-33
  • University Policy 1090 (Intellectual Property)
  • University Policy 4000 (Faculty Code of Rights, Responsibilities, and Conduct)
  • University Policy 4440 (Professional Research, Consulting, or Service Activities)
  • University Policy 5030 (Office of Sponsored Programs)
  • University Policy 6230 (Gifts and Awards)
  • University Policy 7010 (Consensual Relationships)
  • University Policy 7015 (Employee and Student Consensual Relationships)
  • University Policy 7050 (Nepotism)
  • University Policy 7070 (Employee Political Activities)
  • University Policy 8000 (Information Technology Resource Use)

1. Policy Purpose

The mission of Boise State University (“University”) includes advancement of knowledge, support of the scholarly professions, and active participation in the cultural, technological, commercial, public policy, and social life of our communities. This mission is advanced when members of the University forge links outside the University as scholars, artists, consultants, participants in Research (defined below), advisors to government entities, and in other capacities that relate to their professional expertise. The University has strongly encouraged the development of such links in the past and will continue to do so in the future. The University recognizes, however, that these positive interactions create occasional Conflicts (defined below), any of which may result in legal or reputational harm to the individual or the University.

The intent of this policy is, in part, to provide guidance and clarity that will enable these extra-university activities to continue while avoiding situations that harm the individual or the University through real or perceived ethical, legal, or financial conflicts. Although such conflicts arise most often in connection when university personnel engage in activities outside the University, this policy applies to all activities of university personnel. University personnel are expected to conduct themselves in a way that reflects the University’s mission of teaching, research, and public service. Failure to comply with this policy may constitute a violation of one or more state or federal laws or regulations. The best interests of the University should be advanced with objectivity and integrity.

2. Policy Statement

In general, this policy addresses two broad kinds of Conflict:

  • Conflicts of Interest, which typically involve potential financial gain or personal benefit to an individual or related individuals or entities; and
  • Conflicts of Commitment, which typically arise when otherwise acceptable outside activities may compromise the fulfillment of an individual’s basic job responsibilities to the University.

This policy is intended to protect the integrity and reputation of the University by facilitating protocols for Conflicts to be appropriately identified, disclosed, eliminated, or managed. Accordingly, few activities that represent, or appear to represent, a Conflict are actually prohibited. Rather, this policy requires Conflicts to be disclosed, reviewed, and managed appropriately, including during non-contract periods (e.g., summer months for faculty, vacation time, benefit time, evenings, weekends, holidays, approved leave time). Disclosure may take the form of reporting a Conflict in advance of beginning an activity, at the time a Conflict arises, as required by projects having Sponsored Funding (defined below), or through an annual report of outside interests and activities. Depending on the type of Conflict, review of a disclosure to determine whether a Conflict in fact exists may be conducted. If a Conflict is identified, a written management plan may be required to ensure that Conflicts do not interfere with the integrity of the performance of University obligations.

Situations where Conflicts may arise can be sufficiently complex that opinions differ as to whether Conflicts actually exist, are likely to arise, or appear to exist. University personnel are expected to make a reasonable effort to determine whether their activities create, or appear to create, a Conflict. Accordingly, the University emphasizes two elements essential to the effective implementation of this policy:

  • Prompt formal disclosure by university personnel in a true, accurate, and complete fashion using the established University set of channels. Such full disclosure enables potential Conflicts to be reviewed and, if appropriate, properly managed; and
  • Availability of University guidance and resources to university personnel, including particularized guidance to supervisors and relevant leadership as appropriate in unique circumstances, through which the University provides continuing and relevant advice and clarity when the existence of a Conflict is uncertain, or where a Conflict – real, potential, or apparent – must be managed.

Personal responsibility, integrity, and conscientious ethical standards are principal factors in avoiding Conflicts of Interest and Conflicts of Commitment. That said, from time-to-time individuals of the highest integrity may unintentionally find themselves in situations where real or perceived Conflicts exist. University personnel, including supervisors and other leaders, should familiarize themselves with resources provided by the University’s conflicts of interest/commitment office and seek guidance from that office as appropriate. The University expects that all university personnel will conduct their activities in a manner that reflects positively on themselves, their professions, and the University without need for specific criteria or rules of conduct.

3. Definitions

3.1 Conflict

In general terms, whenever personal, professional, commercial, or financial interests or activities outside of the University have the possibility (in actuality or in appearance) of: 1) interfering with an individual’s ability to fulfill their employment obligations; 2) compromising an individual’s professional judgment; 3) biasing research or compromising, the sound professional judgment of its researchers; or 4) resulting in personal gain for an individual or an individual’s Family Member (defined below), at the expense of the University. A Conflict can occur when private interests of an individual compete with professional obligations of the individual to the University to a degree that an independent observer might reasonably question whether the professional actions or decisions of the individual are materially affected by personal considerations, including personal gain, financial or otherwise. Conflicts may include a Conflict of Interest or a Conflict of Commitment.

3.2 Conflict of Interest

A matter in which a member of the University community is in a position to influence or gain, or appear to influence or gain, financial advantage or personal benefit (broadly construed) arising from their University position, through Outside Professional Activities or through their research, administrative, or educational actions or decisions at the University, regardless of whether such influence, gain, advantage, or benefit is direct or indirect. In some cases, including projects having Sponsored Funding, consensual relationships – including consensual business relationships – between employees or an employee and a student, or a nepotic or perceived nepotic relationship may constitute a Conflict of Interest that must be disclosed pursuant to this policy, as well as University Policies 7010, 7015, or 7050.

3.3 Conflict of Commitment

A circumstance when Outside Professional Activities or other significant commitments, whether outside or within the University, interfere with university personnel meeting their job responsibilities to the University. University personnel are encouraged to actively participate in external activities, but must also ensure that the external activities do not compromise their ability to fulfill university duties. A Conflict of Commitment exists when external relationships or activities, in actuality or in appearance, oppose or interfere with the University’s educational, research, or service missions.

3.4 Consulting

An additional activity beyond Institutional Responsibilities, professional in nature, and based on the appropriate area of expertise for which an individual receives remuneration from the University, for which the individual may receive additional personal remuneration not from the University, and where such activities primarily benefit the individual and not the University.

3.5 Covered Benefit

A gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare they are interested or in which they are the beneficiary. Covered Benefit does not include an award with economic significance of five hundred dollars ($500) or less given to a nonelected public servant by a nonprofit organization whose membership is limited to public servants as part of a public servant recognition program that is designed to recognize innovation and achievement in the workplace, provided that the organization discloses in advance on its website the nature of the program, the amount of the award, the names of any persons or entities that contributed to the award and the recipient of the award. Covered Benefit, based on Idaho State Board of Education policy, includes any other direct or indirect dealings with an organization from which the individual knowingly benefited (e.g., through receipt directly or indirectly of cash or other property in excess of $500 a year exclusive of dividends or interest).

3.6 Covered Relationship

An interest, activity, service, employment, gift, or other benefit or affiliation with an individual, organization, or entity that would be prohibited by policy. An individual is affiliated with an organization if the individual or a Family Member: (i) is an officer, director, trustee, partner, employee, or agent of such organization; (ii) is either the actual or beneficial owner of more than five percent (5%) of the voting stock of or a controlling interest in such organization; (iii) has any other direct or indirect dealings with such organization from which the individual or Family Member is materially benefited. It shall be presumed that the individual is materially benefited if the individual receives, either directly or indirectly, money, services, or other property in excess of one thousand dollars ($1000) in any rolling twelve (12) month period in the aggregate or if the matter is a Covered Benefit.

3.7 Exempt Academic Activities

Activities which are an expected part of an academic professional portfolio and not otherwise required to be disclosed (e.g., by projects having Sponsored Funding). Examples include:

  • Holding office in, or undertaking an editorial office or duties for a scholarly journal, academic press, or professional organization;
  • Serving as a referee for a scholarly journal or an academic press;
  • Serving on a professional review board, a government review panel, or a peer review body;
  • Attending or presenting at professional meetings, workshops, colloquia, lectures, symposia, seminars, study sections, or training programs;
  • Site visits in connection with accreditation, audits, or reviews for projects having Sponsored Funding;
  • Writing or producing academically related books, articles, works of art, or other creative works ordinarily considered in decisions relating to employment status or salary; or
  • University-related public engagement.

3.8 Family Member

Any person with whom an individual has a familial or guardianship relationship, including a legal dependent, parent, parent-in-law, guardian, step-parent, child, step-child, son-in-law or daughter-in-law, brother, sister, spouse, aunt, uncle, niece, nephew, first-cousin, grandparent, grandchild, brother-in-law or sister-in-law, or any persons living in the same household.

3.9 Fiduciary Role

A role that imparts an obligation (i.e., a fiduciary duty) upon an individual to act on behalf of another person(s) or entity and put those interests, which are typically financial, ahead of one’s own. Positions and titles that include terms such as CEO, Scientific Officer, Vice President, executive, officer, director, or manager are designations that may indicate a role with fiduciary responsibilities.

3.10 Foreign Entity of Concern

See 15 CFR § 231.104 “Foreign entity of concern”

3.11 Institutional Responsibilities

Specific responsibilities or particular professional activities performed on behalf of the University that directly establish the substantive basis for supervisory assessment of an individual’s University job performance. For faculty, this includes activities such as research, research consultation, outreach, administrative duties, teaching, professional practice, or institutional committee memberships (see University Policy 4000). For non-faculty, this includes the particular duties and responsibilities assigned to one’s position of appointment as expressed in one’s job description. University personnel are expected to meet the specific responsibilities and particular professional activities that constitute their corresponding commitments to their respective schools, colleges, academic units, or administrative units.

3.12 Management Role

Any role wherein a University employee’s responsibilities include formal supervision or oversight of personnel activities, as part of an organizational structure. Positions and titles that include terms such as CEO, Scientific Officer, Vice President, executive, officer, director, or manager are designations that may indicate a role with management responsibilities.

3.13 Moonlighting

An endeavor for financial profit that occurs outside of a University employee’s Institutional Responsibilities in a separate and distinct fashion. Moonlighting may result in enhanced skills or unique experiences from different industries, fields, or professions which can foster innovation and diverse perspectives within the University (e.g., an elder-care dermatologist moonlighting as a family medicine pediatrician). Moonlighting does not include excessive time or travel commitments that are an undue burden as to the availability of the employee to be on-campus to perform their Institutional Responsibilities such as for a faculty member to carry-out research in a laboratory. Moonlighting does not include a faculty member directly competing with the university, a diversion of a faculty member’s research opportunities, or a diversion of a faculty member’s research efforts. Moonlighting does not include engaging in an activity that requires an individual to compromise their professional judgment in performing their Institutional Responsibilities.

3.14 Outside Professional Activities

One or more additional professional activities carried-out for an external entity, whether compensated or not, that are beyond a University employee’s Institutional Responsibilities and are within their discipline or area of expertise (e.g., additional teaching for an external entity of the same course taught for the University, a faculty member committing effort through another institution or entity without a subcontract to the University on a research topic for which the faculty member is employed by the University).

3.15 Research

Any systematic investigation, study, or experiment designed to develop or contribute to generalizable knowledge, including basic and applied research (e.g., a published article, book or book chapter) and product development (e.g., a diagnostic test, drug or device). The developing or contributing generalizable knowledge includes development, testing, reporting. Research includes, but is not limited to, creative activities and projects such as training, clinical services, educational conferences, exhibitions, performances, archives, workshops, and library projects for which external funding is received. Accordingly, Research also includes any such activity for which a proposal is submitted for funding from external sources through a grant, contract or agreement, including, but not limited to, research grants, career development awards, center grants, individual fellowship awards, infrastructure awards, institutional training grants, program projects and research resources awards. Research can include projects that are funded by the University, or for which approval of an Institutional Review Board (IRB) (or IRB exemption) or Institutional Animal Care and Use Committee (IACUC) is required.

3.16 Significant Financial Interest

See 42 CFR § 50.603 “Significant financial interest”

3.17 Sponsored Funding

Non-philanthropic monetary or non-monetary support provided by a third party (foreign or domestic) to the University on behalf of an employee of the University, or provided by a third party (foreign or domestic) directly to the employee, typically for the purpose of advancing activities related to the Institutional Responsibilities of the employee. University Policy 5030 defines Sponsor and Sponsored Project; correspondingly, Sponsored Funding includes a Sponsored Project supported by a Sponsor.

3.18 Undue Influence

In general terms, the use of persuasion, authority figures, or the offer of an excessive or inappropriate incentive, reward, or other overture generally in which a person is coerced or induced to act otherwise than solely by their own free will or without adequate consideration of the consequences in order to potentially obtain something such as data, intellectual property, engineering analysis, manufacturing know-how, design methodology, research methods, research participation, operations protocols, services, compliance, or the like.

3.19 Unit Authority

A person responsible for an individual departmental unit with respect to Conflicts. Typically, a person in management to which a University employee reports directly, or as designated and assigned by the proper authority of the person in management. For example, the Unit Authority may be a Department Chair, Dean, Director, Vice President, or a similar official, unless a different similar official is designated by proper authority to work with the University’s conflicts of interest/commitment office with the advice and consent of the conflicts of interest/commitment office. The Unit Authority is responsible for ensuring that members of the individual departmental unit submit a timely annual disclosure and are familiar with this policy, related guidance, and related resources.

4. Generally Applicable Principles and Responsibilities

Disclosure, review, and management are key in carrying-out a Conflict policy. Under this policy, few activities that represent, or appear to represent, a Conflict are actually prohibited. Rather, these rules require Conflicts to be disclosed, reviewed, and managed appropriately. Depending on the type of Conflict, review of a disclosure to determine whether a Conflict exists may be conducted in various ways such as by the conflicts of interest/commitment office, the Unit Authority, or a conflicts committee. If a Conflict is identified, a remedy such as a documented management plan may be required so that Conflicts do not interfere with the integrity of the performance of an individual’s Institutional Responsibilities.

4.1 Requirement to Disclose

All university personnel must disclose Conflicts, including during non-contract periods. When Sponsored Funding or technology transfer is involved in particular, it is advisable to allow for a significant amount of lead-time because additional disclosures may be required. University personnel must also provide additional relevant information concerning disclosed or undisclosed matters as may be requested by the conflicts of interest/commitment office, the Unit Authority, conflicts committee, or the like for the purpose of evaluating actual or potential Conflicts.

4.2 Requirement to Abide by Plans to Resolve Conflicts

When a determination has been made that a real, potential, or apparent Conflict exists, the appropriately designated University official or body (e.g., conflicts of interest/commitment office for a typical Conflict that arises at the University, Unit Authority for a Conflict of Commitment for which the Unit Authority has specialized knowledge, conflicts committee for an intricate Conflict of a faculty member) will determine whether further management, reduction, or elimination of the Conflict is required. If required, the conflicts of interest/commitment office will develop a management plan in consultation with the individual, and the individual must abide by the terms of the management plan. The individual is responsible for sharing the management plan with their Unit Authority, including when the Unit Authority transitions from a first person to a second person. The Unit Authority must review and remain informed about the Outside Professional Activities of members of the individual departmental unit. The Unit Authority is responsible for monitoring the level of Outside Professional Activities for appropriateness relative to the mission of the individual departmental unit and for compliance with this policy, related guidance, and related resources.

4.3 Prohibition Against Using Position or Influence for Personal Gain or Advancement

It is not acceptable for university personnel to use their official position or influence to further their personal gain or advancement, or that of a Family Member or other personal associates, at the expense of the University and against University policy. For example, it would be a Conflict for an employee to hire their spouse to cater a banquet at the expense of the University in an effort to elevate the profile of their spouse’s catering business.

4.4 Use of University Resources

Except as authorized by an appropriate University official (e.g., Provost, Chief Financial and Operating Officer and Vice President for Finance and Operations or designee), university personnel may make only incidental use of University resources for purposes unrelated to the education, research, scholarship, and public service missions of the University. Such resources include but are not limited to facilities, personnel, students, information technology, equipment, and information which is not in the public domain. The University recognizes that sometimes university personnel may incidentally use University facilities, equipment, or services for personal use and does not seek to discipline individuals for incidental use. Incidental use must not adversely affect the performance of an individual’s Institutional Responsibilities or the University’s operations, and must be limited in duration and frequency.

Use of University resources may require the university to be compensated. When university-owned facilities, equipment or other resources are required for any reason, a contract between the university and the private third party must be executed, separately from an individual’s employment or consulting agreement with that third party, and must be approved by the Chief Financial and Operating Officer and Vice President for Finance and Operations or designee. Compensation to the university must be paid at the fair market rate or at the same rate that such services, facilities or equipment would be available to any qualified non-university user.

4.5 Use of University Names or Marks

University personnel must have proper prior authorization (e.g., from the Office of Trademark Licensing and Enforcement, from the Chief Financial and Operating Officer and Vice President for Finance and Operations or designee) to use the University’s name, marks, logos, official stationery, or any University building name, department name, or any University location or address, when participating in personal, professional, commercial, or financial interests or activities that are outside of the Institutional Responsibilities of the individual. An individual may identify a factual association with the University, but must take care that the name of the University is not used in any way that implies endorsement or approval by the University.

4.6 Compliance with U.S. Government Mandates and Release of Information

The conflicts of interest/commitment office may articulate and disseminate procedures, guidance, resources, or the like for the purpose of enabling compliance with requirements mandated by the U.S. government, as it relates to the disclosure or management of Conflicts involving university personnel who are future, current, or past participants in projects supported with U.S. government Sponsored Funding. Policies, conditions, or guidance mandated by the U.S. government may involve the review and reporting to the U.S. government of independent contracts, agreements, or activities of university personnel with outside entities. Aspects of information provided may be placed in the public domain such as on a website. Additionally, the University may require disclosure in the public domain as part of a management plan, such as for a Conflict involving human subjects.

4.7 Considerations related to Consulting

Participation in Consulting can provide a positive means for professional development and allows individuals to maintain currency and experience in their professional fields outside the University. These activities can also provide a mechanism for the transfer of knowledge from the University to the public arena and contribute to the overall public good. Though such attributes of Consulting may make individuals better scholars, teachers, and campus community members, the nature of the consulting process has the potential to create a Conflict of Commitment by diverting employees’ efforts from their primary activities and responsibilities or create a Conflict of Interest pertaining to those responsibilities or related Research activities.

Consulting must be disclosed and reviewed as indicated in the Conflicts of Commitment, Conflicts of Interest in the Workplace, or Conflicts of Interest in Research sections herein. Questions or ambiguities should be resolved through collaboration with the Unit Authority and the conflicts of interest/commitment office.

The purpose of specifically addressing Consulting in this policy is to provide a general definition of Consulting, clarify considerations for Consulting, and establish a balance between those activities and a University employee’s regular Institutional Responsibilities, thereby safeguarding the interests of all parties. In addition, aspects described are also designed to facilitate compliance with various internal and external requirements such as University policies, Idaho law, National Security Presidential Memorandum-33 (NSPM-33), and the regulatory and contractual requirements of federal agencies such as the Public Health Service, the National Science Foundation, and the Department of Energy, which presume that institutions accepting federal funds have a formal policy in place to address Consulting and other Outside Professional Activities, and safeguard that these activities do not negatively impact the interests of the U.S. government or the University.

For Consulting activities related to the Institutional Responsibilities of a faculty member’s research, in order to perform such activities or hold titles in a multi-employee entity that include a Fiduciary Role or a Management Role, faculty who have open Sponsored Funding (i.e., not fully closed out) within the scope of their Institutional Responsibilities must have a management plan with the conflicts of interest/commitment office because of the prospect of personal material gain which has the potential, in actuality or in appearance, to impact the integrity or performance of Institutional Responsibilities. University personnel who are chosen to serve on an entity’s advisory council or scientific advisory board may use titles associated with these appointments, as they are research-related and different from a Fiduciary Role or a Management Role and titles. For example, roles with the title, “Scientific Advisor,” or “Technical Consultant,” must be disclosed but are permitted.

Moonlighting by University employees is considered part of the employee’s private life and is excluded from this policy except when performed for the benefit of, under an agreement with, or in relation to a foreign entity. Moonlighting activities performed for foreign entities such as foreign institutions of higher education, foreign governments, or foreign companies, must be disclosed to the University for federal compliance purposes. Moonlighting for the benefit of, under an agreement with, or in relation to Foreign Entities of Concern or entities on the Department of State-funded ASPI Tracker is prohibited.

5. Conflicts of Commitment

The University’s conflicts of interest/commitment office examines, consistent with this policy, whether the Outside Professional Activities or other significant commitments may jeopardize the ability of an individual to perform their Institutional Responsibilities. The Unit Authority examines and monitors, consistent with this policy, whether the Outside Professional Activities may jeopardize the ability of the individual to perform their Institutional Responsibilities. If resolution is not achieved, the Unit Authority typically should next elevate the remaining questions or aspects related to the potential conflicts of commitment to a higher level of supervision connected with the individual department unit for resolution (e.g., the Unit Authority’s supervisor), and coordinate with the conflicts of interest/commitment office. If resolution is not achieved in response to such elevation, the conflicts of interest/commitment office should determine the next operational step based on the totality of the circumstances.

5.1 Exempt Academic Activities

Exempt Academic Activities, whether compensated or not, do not typically require disclosure unless the time committed to them interferes with the performance of other assigned duties (e.g., classes, scheduled office hours) or unless they may constitute an Undue Influence.

5.2 Commitment to the University

Conflicts of Commitment typically relate to an individual’s distribution of time and effort between obligations to University employment and participation in activities outside of University employment. The latter may include generally encouraged extensions of professional expertise such as consulting or participation in associations. These activities may promote professional development and enrich the individual’s contributions to the University, to the profession, and to society. However, a Conflict of Commitment occurs, for instance, when the pursuit of Outside Professional Activities involves an excessive investment of time, or is conducted at a time that interferes with the individual’s fulfillment of University employment responsibilities. To illustrate, a common convention in higher education is that the devotion of the equivalent of an average of one day per seven-day week for full-time faculty (approximately 40 days for an academic year appointment and 52 days for a calendar year appointment) for such engagements is not usually abnormal; in this context, a day is defined as any accumulation of eight hours, regardless of time of day or day of week, including nights and weekends, during the contract period. Full-time regular employees at the University are expected to devote their primary professional commitment of time, energy, and effort to the teaching, research, and service missions of the University so that there is not an undue burden as to the availability of the employee to be on-campus to perform their Institutional Responsibilities such as for a faculty member to carry-out research in a laboratory. Part-time employment outside of the University may represent a Conflict of Commitment if the duties negatively impact an employee’s ability to perform their University professional obligations. For faculty, Outside Professional Activities should be limited to no more than 20% of the contracted time of the individual during the contracted time of the individual; this 20% time limitation does not apply during non-contract periods (e.g., summer months for faculty on a nine-month appointment, benefit time, holidays, spring break, winter break, approved leave time) or to the extent necessary for government licensure or professional licensure requirements unable to be fulfilled within the 20% time limitation (e.g., 12 hours per week needed to maintain nursing license for nursing faculty).

5.3 Elements of Review

Substantial, consequential work is conducted outside of traditional business hours and outside of an on-campus office or laboratory. It can be difficult, therefore, to examine and monitor whether the time devoted to Outside Professional Activities conflicts with fulfillment of Institutional Responsibilities. Unit Authorities are encouraged to monitor whether an individual is meeting their expected performance standards when determining whether a Conflict of Commitment exists. Potentially relevant questions for the Unit Authority to consider:

  • Have satisfactory arrangements been made to cover Institutional Responsibilities?
  • For faculty, has the individual engaged in Outside Professional Activities in excess of 20% of the time per week on average during their contract period?
  • For faculty, will the individual be engaging in Outside Professional Activities only during a non-contract period (e.g., nine-month appointment and summer only Consulting while not engaged in other paid University work such as accepting summer salary via Sponsored Funding)?
  • Does engaging in the Outside Professional Activity advance the skills and abilities of the individual, with potential resultant benefit to the individual department unit or University?
  • Will engaging in the Outside Professional Activity be detrimental to the employing individual department unit or the University?
  • Will engaging in the Outside Professional Activity involve other university personnel?
  • Is the individual in good standing and meeting expected standards of performance?
  • Does the Outside Professional Activity interfere or have the appearance of interfering with the Institutional Responsibilities of the individual?

5.4 No University Affiliation

Individuals engaging in Outside Professional Activities do so as private citizens and shall not represent themselves to the outside employer or other recipient of services as engaging in such Outside Professional Activities on behalf of the University. University personnel may not, in any way, claim or otherwise convey that the University endorses any recommendations or results of Outside Professional Activities of an individual. Idaho State Board of Education policy requires that, in all outside employment, the outside employer must be informed that the employee is acting in a private capacity and that the University is in no way a party to the outside employment, and is not liable or responsible for the performance thereof. If faculty members are listed as authors on publications resulting from performance of Outside Professional Activities (e.g., private consulting services), a disclosure statement must be included on that publication stating that the contribution resulted from the faculty member’s affiliation with the outside organization. If listed as a corresponding author of such a publication, the faculty member must use non-university contact information.

6. Conflicts of Interest in the Workplace

The University’s conflicts of interest/commitment office examines, consistent with this policy, whether through Outside Professional Activities or through their Research, administrative, or educational actions or decisions at the University a member of the University community is in a position to influence or gain, or appear to influence or gain, financial advantage or personal benefit (broadly construed) arising from their University position. The Unit Authority examines and monitors, consistent with this policy, whether through Outside Professional Activities or through their Research, administrative, or educational actions or decisions at the University the member of the University community is in a position to influence or gain, or appear to influence or gain, financial advantage or personal benefit (broadly construed and to include benefits of a Family Member) arising from their University position. If resolution is not achieved, the conflicts of interest/commitment office should determine the next operational step based on the totality of the circumstances.

6.1 Generally Presumed Conflicts of Interest in the Workplace

​Activities that are generally presumed to be Conflicts of Interest which indicate a need for disclosure, review, management, reduction, or elimination include:

  • Owning or acquiring a financial interest in, holding a position in, or having a consulting or other relationship with, any non-university entity that supplies goods, services, or finances to the University when the individual has decision-making authority for those transactions;
  • Promoting, marketing, or providing information about goods or services to the University community when the individual or a Family Member has a financial interest in or other relationship with the relevant business entity;
  • Using University resources to advocate, endorse, or market a product or a service, unless in conjunction with the Institutional Responsibilities of the individual;
  • Assuming or accepting any non-University duties requiring, or appearing to require, the use of University data, processes, procedures, or proprietary or confidential information;
  • Assigning duties or offering employment to university personnel to participate in or benefit the assigning individual’s Outside Professional Activity;
  • Receiving revenue on intellectual property on which an individual is a (co-)creator or (co-)inventor, where the individual also has an affiliation with or a financial interest in a commercial entity that has licensed that intellectual property from the University;
  • Teaching a University course for academic credit that includes a Family Member or a person that the instructor has an intimate or close personal relationship that may compromise, or have the appearance of compromising, their professional judgment (see also University Policies 7010, 7015, 7050);
  • Renting housing to a supervisee or a student over whom a supervisor or a faculty member has direct academic or employment influence;
  • Sharing in the proceeds or value of an external business (e.g., co-ownership) when University employees are co-workers (includes mentor-mentee, evaluator-evaluatee, supervisor-supervisee relationships) in their University employment;
  • Compensating a supervisee such as a graduate student researcher for work in an external business;
  • Employing, compensating, or influencing a decision to benefit a Family Member (see also University Policies 7010, 7015, 7050); or
  • Participating, by an individual who should have disclosed a generally presumed Conflict of Interest, in a hiring or promotion process when the generally presumed Conflict of Interest has not been disclosed and the generally presumed Conflict of Interest is material to the hiring or promotion process (e.g., Sponsored Funding via a privately-held entity when a Covered Relationship exists and participating on a hiring committee considering hiring a Family Member employed by the privately-held entity).

7. Conflicts of Interest in Research

Conflicts of Interest in Research may arise in situations where an individual’s personal, financial, or other interests could influence, or appear to influence, the conduct of their research activities. Having a Conflict of Interest does not imply improper conduct of Research; rather, Conflicts of Interest must be identified and managed, reduced, or eliminated so that they do not threaten the integrity of the scientific method broadly or the public’s trust in academic research. Accordingly, the University is committed to the principle that its Research be carried out with integrity, open inquiry, and rigorous analysis, free from Conflicts that might compromise, or give the appearance of compromising, the sound professional judgment of its researchers.

Although this policy applies to Conflicts that may arise with respect to any Research or non-Research activity conducted under University auspices, guidance or regulations issued by the Department of Energy (DOE), the National Science Foundation (NSF), the Public Health Service (PHS) (and its various offices and institutes), the Small Business Innovation Research (SBIR) program, the Small Business Technology Transfer (STTR) programs, and other agencies or programs set specific requirements for University Research that they fund. This policy is intended to provide a framework to facilitate compliance with those regulations as applied to the University Research that they fund. University personnel are required to comply with the standards set forth by the relevant funding agency or program, and may be required to disclose information in addition to that required by this policy during the course of applying for, receiving, using, or reporting on such funding.

The University’s conflicts of interest/commitment office examines, consistent with this policy, whether an individual’s personal, financial, or other interests could influence, or appear to influence, the conduct of their Research activities. The University’s conflicts of interest/commitment office examines, consistent with this policy, whether specific requirements for University Research related to Sponsored Funding may apply. In response to a Conflict, the Unit Authority may choose not to support the conduct of the Research activities in University facilities or with University resources. If resolution is not achieved, the conflicts of interest/commitment office should determine the next operational step based on the totality of the circumstances. For example, referring the matter to a conflicts committee.

7.1 Generally Presumed Conflicts of Interest in Research

​Activities that are generally presumed to be Conflicts of Interest which indicate a need for disclosure, review, management, reduction, or elimination include:

  • Involvement of human subjects when a Covered Relationship exists;
  • Sponsored Funding via a privately-held entity when a Covered Relationship exists;
  • Withholding Research results or providing Research results on a preferential basis for personal gain;
  • Diverting away from the University or bypassing the University or University processes to purchase items such as equipment or supplies other than common office items;
  • Funding via oneself or a Family Member, including that which is for research personnel, other than to purchase routine low-cost research-related items or to supplement travel; or
  • Any dealing, collaboration, association, employment, or interaction related to Research pertaining to an individual, program, or entity that is or has been affiliated with: a Foreign Entity of Concern, an entity on the Department of State-funded ASPI Tracker, Named Research Organizations, a foreign talent recruitment program as defined by a U.S. Government agency, or a malign foreign talent recruitment program as defined in the CHIPS and Science Act of 2022.

7.2 Institutional Review Board

No Research with human subjects that involves a Conflict of Interest may receive final approval from the Institutional Review Board until the Conflict of Interest is addressed under this policy.

7.3 Specific Requirements for Sponsored Projects

Before any project is proposed to a sponsor (and during award acceptance and administration), selected university personnel are required to certify they have appropriately disclosed any Significant Financial Interests related to that proposal, including Significant Financial Interests that would reasonably appear to be affected by the proposal activities. This certification is mandatory by selected university personnel as directed by the Office of Sponsored Programs (OSP). OSP may require Biographical Sketches, Current and Pending (Other) Support, or similar certifications at various OSP lifecycle stages including at proposal submission, for Just-in-Time requests before award, and during annual and final technical reporting. University submission of a proposal does not indicate disclosure, review, or management of a Conflict. Conflicts identified during a proposal stage must be resolved in accordance with this policy and applicable Sponsored Funding requirements in advance of initiation of the project including initiating hiring for the project, expenditure of project funds, or the like. New Conflicts that arise during the period of performance must be disclosed in accordance with this policy.

8. Undue Influence as a Conflict

Financial or other pressures that may compromise or may appear to compromise the integrity of the research or academic setting may constitute an Undue Influence. For example, an instructor/researcher might promise students extra credit or an enhanced grade in a different class if they participate in the research. If that is the only way a student can earn extra credit or enhance their grade, then the instructor/researcher is unduly influencing potential subjects. In certain circumstances, compensating a student for activities unrelated to academics (e.g., above-market payment as a housesitter, babysitter, landscaper, painter, mover) may constitute an Undue Influence. University personnel must disclose as a potential Conflict any activity in which Undue Influence may be a factor.

8.1 Undue Influence with respect to Procurement or Purchasing

Potentially conflicted university personnel who have, or reasonably anticipate having, an ownership interest, a significant executive position, or another remunerative relationship with a prospective supplier of goods or services to the University, or who know that a Family Member or other person with whom they have a personal or financial relationship has such an interest, must avoid Undue Influence and must not participate in the preparing of specifications, qualifying vendors, directly influencing negotiations, selecting successful bidders on products or services in which they have an interest, or approving payment to those interests. P-Cards may not be used for purchases with respect to any potentially conflicted university personnel unless prior approval is given by the conflicts of interest/commitment office; reimbursement for such purchases is at the discretion of an appropriate University official (e.g., Chief Financial and Operating Officer and Vice President for Finance and Operations or designee). University personnel must adhere to University procurement and inventory processes without Undue Influence of unauthorized direct purchase of research supplies or equipment.

8.2 Undue Influence with respect to Human Subjects or Health-related Matters

Conflicts and Undue Influence related to human subjects research deserve special scrutiny because of their potential to affect the rights and welfare of human subjects. Such Conflicts may arise when researchers conduct research that is sponsored by, or involves a product of, an entity with which they have an external relationship (e.g., a researcher is on the board of directors of a pharmaceutical company and simultaneously leads a clinical trial testing that company’s new drug). The welfare and safety of research participants in health-related matters, including both physical and mental health, is paramount. The fact that a researcher has or appears to have a Conflict does not preclude conduct of that research, but the Conflict and potential for Undue Influence must be disclosed. The Conflict can then be managed in a way that positively facilitates that the welfare of subjects and the integrity of the data are not compromised by the Conflict.

8.3 Undue Influence with respect to Textbooks/Academic/Course Materials

Academic materials can include any materials prepared by an instructor for use in teaching a course, including lectures, lecture notes, syllabi, study guides, bibliographies, visual aids, images, diagrams, multimedia presentations, examinations, web-ready content and educational software but excluding University Sponsored Materials and University Directed Materials as in University Policy 1090. While not expressly prohibited, the assignment of faculty-created academic materials should ensure that the faculty member does not profit from this arrangement. If the spending of such royalties is controlled by the faculty member, or even the department, it could be argued that the motivation for assigning the academic materials is monetary gain, raising an integrity issue such as Undue Influence. As a result, the price of the academic materials should be reduced or the royalties should be used for a philanthropic purpose within the university, such as scholarships.

8.4 Undue Influence with respect to Licensing of Intellectual Property

Conflicts are a predictable and expected result of proper research and commercialization efforts at the University. The University will make reasonable efforts to accommodate appropriate private sector relationships that arise from technology transfer, provided these relationships are compatible with University policy and free from Undue Influence. Licensing of university owned intellectual property to university personnel or an entity with which an individual has an affiliation with or financial interest in must be made solely on the basis of promoting the best interest of Idaho’s postsecondary education, Idaho State Board of Education policies and licensing guidelines, and the public good.

8.5 Undue Influence with respect to Foreign Associations

The U.S. Government (including federal funding agencies, intelligence agencies and Congress) has expressed increasing concerns about foreign threats to federally funded research activities, including diversion of intellectual property, sharing of confidential or proprietary information, and other breaches of research ethics. As recipients and stewards of federal funds for research and education, the University and university personnel share a responsibility to acknowledge these threats and facilitate the protection of the United States’ interests by following federal and state laws, as well as University policies, when engaging in international collaboration and research. While most international collaborations are acceptable and encouraged, as part of its obligations for facilitating and administering federally funded research, the University must facilitate thorough transparent disclosure. When activities include foreign components or international involvement, university personnel must appropriately disclose this information to the University. The University relies on both these practices and the individual’s representations when it completes various institutional certifications to the U.S. government.

8.6 Undue Influence with respect to Student Activities

The University is committed to protecting the educational interests of students and maintaining an open environment free from Undue Influence of outside interests. The advice and guidance given to students (including the nature and direction of Research or other studies as well as employment opportunities outside the University) should always be governed by what is in the best academic interest of the student. Prudence must be exercised when directing students and supervised employees toward activities from which a mentor might financially benefit.

8.7 Undue Influence with respect to Gifts

Gifts of cash or cash equivalents (e.g., gift cards, stock) in any amount may not be accepted by university personnel or their Family Members, except that bona fide awards or honoraria may be accepted if approved under this policy. Approval to accept a gift with a value exceeding $50 (e.g., travel, lodging, entertainment, meals, payment of an expense, charitable contributions, donations) from any person or entity doing business or seeking to do business with the University must be received from the conflicts of interest/commitment office prior to acceptance of the gift in order to address Undue Influence matters. The phrase “any person or entity doing business or seeking to do business” shall not be construed to include federal, state or local governmental entities or nonprofit professional membership organizations. Trivial benefits that are not in excess of $50 may be accepted provided that such benefit is incident to personal, professional, or business contacts and involves no substantial risk of undermining impartiality. For example, a one-time act of receiving a book does not need approval. Family Members also must refrain from accepting any gift that the university personnel may not accept under this policy.

9. Disclosure, Review, Administration, and Recordkeeping

University personnel must disclose real, potential, or apparent Conflicts throughout the calendar year, including during non-contract periods. In general, full-time faculty, full-time non-classified/professional employees, visiting scholars on the University payroll, graduate research assistants on the University payroll, any individual designated for mandatory annual disclosure by a Unit Authority, OSP, or the conflicts of interest/commitment office, and compensated participants in activities associated with Sponsored Funding must complete and submit an annual disclosure within thirty (30) days of a qualifying event (e.g., hire, notice to disclose) and annually (e.g., by October 1st) whether or not the individual has any situation that presents an actual or potential Conflict to disclose. The University will make efforts to provide courtesy notice to individuals approximately 30 days prior to their annual disclosure date. However, the failure to provide such notice or the failure of an individual to receive such notice does not relieve an individual of the obligation to make a timely annual disclosure. Other university personnel (e.g., classified staff) may be excluded from the annual disclosure requirement at the discretion of the conflicts of interest/commitment office. However, even university personnel excluded from the annual disclosure requirement must still submit a timely disclosure under section 9.2 if they have an actual or potential Conflict to report (e.g., classified staff are not exempt from this policy even if not required to make an annual disclosure).

9.1 Outside Professional Activities of Faculty

Faculty must report the total number of hours spent in Outside Professional Activities (e.g., in their annual disclosure) and the major sources of the Outside Professional Activities. The purpose of the annual disclosure is to solicit information that allows the university to determine whether a faculty member has a potential Conflict as defined in this policy. When the University determines that the information submitted indicates that a Conflict does exist, the University may require the faculty member to submit additional information and explanation regarding that Conflict. The University may also require a management plan or the like.

9.2 Reporting Conflicts As They Occur

University personnel must also disclose on an ad hoc basis throughout the calendar year, including during non-contract periods, current or prospective situations that may raise questions of Conflict of Interest or Conflict of Commitment, within thirty (30) days of becoming known to the individual completing a disclosure or within a shorter amount of time if required by Sponsored Funding.

9.3 Conflicts Committee

A conflicts committee is responsible for reviewing cases that are brought to its attention by the conflicts of interest/commitment office. The conflicts committee will conduct a thorough review of each case and will make decisions for Conflict resolution to the conflicts of interest/commitment office. In any case brought before the conflicts committee, an individual who may be subject to a Conflicts remedy in the case will be provided the opportunity to submit a written statement related to the accompanying issues. The conflicts committee may choose, but is not required, to also offer an opportunity for the individual to appear in a meeting with one or more members of the conflicts committee. The Office of the Provost shall appoint members of the faculty to the conflicts committee, including a chair of the conflicts committee. The conflicts committee shall have at least five (5) members and no more than nine (9) members. A minimum of three (3) members must participate in any decision other than whether to agree to review an appeal. The chair of the conflicts committee must hold a conflicts committee meeting at least once each year to formally coordinate with the conflicts of interest/commitment office pertaining to relevant matters.

9.4 Appeals and Review of Decisions

For any appeal, until the appeal is resolved, an individual subject to a Conflicts remedy must abide by the terms of the Conflicts remedy as described in section 4.2. An individual subject to a Conflicts remedy may appeal a decision of the conflicts of interest/commitment office or the Unit Authority to the conflicts committee within thirty (30) calendar days; at least two (2) members of the conflicts committee must agree to review the appeal in order for the appeal to be reviewed by the conflicts committee. If the conflicts committee does not agree to review the appeal of the individual subject to a Conflicts remedy within thirty (30) calendar days, an individual should infer that the conflicts committee has decided not to review the appeal. An individual subject to a Conflicts remedy may appeal a decision of the conflicts committee within thirty (30) calendar days to a three-person executive panel having the Provost, the Vice President for Research and Economic Development, and the Chief Financial and Operating Officer Vice President for Finance and Operations; the decision of the three-person executive panel shall be the final decision of the University.

9.5 Recordkeeping

The conflicts of interest/commitment office will administer this policy and maintain records of all filed disclosure forms and associated documents, including, but not limited to, documentation of actions taken by university administrators and committees to eliminate, reduce or manage Conflicts of Interest or Conflicts of Commitment. All such records will be retained for a period of at least three years following completion or termination of the activity that prompted the filing of the disclosure form. Some such records may be retained for longer periods based on various internal or external recordkeeping standards (e.g., as required by Sponsored Funding). In the event of any discipline or sanction, copies of such records will be provided to Human Resources and Workforce Strategy and maintained indefinitely. University personnel who file disclosures shall update the information promptly if the material facts that the disclosure is based upon change, and shall notify the conflicts of interest/commitment office within thirty (30) business days following an end of the circumstances constituting a conflict.

9.6 Discipline and Sanctions

Failure to comply with this policy may subject an individual to discipline or sanctions up to and including dismissal. The severity of the discipline or sanction will depend on the nature of the violation of this policy. Inadvertent, unintentional and minor breaches require lesser discipline or sanctions, whereas knowing, deliberate and major violations demand more commensurate discipline or sanctions. When discipline or sanctions involve a Conflict that includes an externally funded Research or scholarship project, the University will also take any action required by sponsors. Additional discipline or sanctions may apply under the Idaho State Board of Education policies or applicable State or Federal law. Violations of this policy must be reported to the conflicts of interest/commitment office.

10. Related Information

Process Flow Chart

https://drive.google.com/file/d/1HCjj0amU5t1b0qOhumlMMbfOGexDIquS/view?usp=drive_link

Standards of Conduct

https://www.boisestate.edu/president/values/standards-of-conduct

Department of State-funded ASPI Tracker

https://unitracker.aspi.org.au

Named Research Organizations

https://science.gc.ca/site/science/en/safeguarding-your-research/guidelines-and-tools-implement-research-security/sensitive-technology-research-and-affiliations-concern/named-research-organizations

NSTC Research Security Subcommittee, NSPM-33 Implementation Guidance, Disclosure Requirements & Standardization

https://www.nsf.gov/bfa/dias/policy/nstc_disclosure.jsp

Revision History

November 2013; September 2016; September 22, 2022; September 10, 2025