Office of Resource Development

OFFICE OF RESOURCE DEVELOPMENT

Office of Resource Development
Xavier University of Louisiana
1 Drexel Drive
Box 68
New Orleans, LA 70125-1098

Telephone (504) 520-5444
FAX (504) 520-7901

CONFLICT OF INTEREST POLICY

I. Purpose and Scope of Policy

Purpose

All potential grantors to institutions require institutions to have policies and procedures that ensure that Principal Investigators (PIs) disclose any significant financial interest that may present an actual or potential conflict of interest in relation to federal, state, and/or private sponsored projects. Such disclosure must be made prior to the submission of a proposal for funding or at the time a potential conflict develops during the conduct of a funded project. The purpose of this policy is to avoid both actual and apparent conflicts of interest, and it is the duty of the PI to make sure there is no real or perceived conflict of interest.
Scope

This policy will apply to all funded projects sponsored by outside grantors.. As described below, the University may elect to apply the disclosure requirements of the policy to certain University-managed programs. This application can be done only if those programs so request and if the Senior Vice President for Resource Development subsequently grants their requests.

Xavier University of Louisiana’s Conflict of Interest Policy is consistent with Public Health Service Regulations “Objectivity in Research,” 42 CFR, Part 50.603; 45 CFR, Part 94.3; and National Science Foundation regulations “Investigator Financial Disclosure Policy,” as well as OMB Circular A-110, Subpart C – “Post Award Requirements and Procurement Standards.” These federal regulations require the University to maintain appropriate policy on conflict of interest and to require PIs to complete a Conflict of Interest Disclosure Formas a condition to receiving federal grants. State and Private grantors have their own similar requirements. However, the completed Conflict of Interest Disclosure Form, which is provided, will cover all contingencies.

II. Definitions

Designated University Official (hereafter referred to an Official) is the responsible administrative official with immediate supervisory authority over the PI. Normally, the Official will be the department chair. For administrative units in which there are no departments or, if the PI is a department chair, the Official will be the Dean.For Directors and Deans, the appropriate Senior Vice President will serve as the Designated University Official.

Investigator means the Principal Investigator and any other person at the University who is responsible for the design, conduct, and /or reporting of activities for the proposed or ongoing project. For the purpose of the requirements of the subpart relating to financial interests, Investigator includes the Investigator’s spouse and children.

Significant Financial Interests (hereinafter referred to an Interests) means anything of monetary value, including, but not limited to salary or other payments for services (e.g., consulting fees or honoraria; equity interests (e.g., patents, copyrights, and royalties from such rights; and other related interests or activities of the Investigator that could possibly affect, or be perceived to affect, the result of the research or educational activities funded or proposed for funding. The Investigator’s Interests are related to a project if the work to be performed under the project (or the result of such work) can be expected to have an impact on the Investigator’s Interests. Such relationships include project subcontracts, leases and purchases. The form used for the disclosure process is called the Conflict of Interest Disclosure Form.

Inclusions – The following interests and activities apply with respect to federally sponsored projects:
1. Income including salary, consulting payments, honoraria, reimbursement of expenses, royalty payments, dividends, or any other payments or considerations from a single business entity of any monetary value per annum when aggregated for the Investigator., the Investigator’s spouse, and dependent children.
2. Equity in the form of stock, stock options, real estate, or any other investment of ownership, representing more than a 5% Interest for any one entity when aggregated for the Investigator, the Investigator’s spouse, and dependent children.
3. A position as director, officer, partner, trustee, or member of board of directors of any business entity.
Exclusions
1. Income from seminars, lectures, or teaching engagements sponsored by public or non-profit entities.
2. Income from service on advisory committees or review panels for public or non-profit entities.
3. Salary, royalties, or other remuneration from a single business entity or any ownership interest in that entity if the entity is an applicant under the Small Business Innovation Research Program or Small Business Technology Transfer Program.
4. Stock holdings such as diversified or mutual funds where the Investigator is unaware of specific stocks held.
  
  NOTE: The Office of the Senior Vice President for Resource Development will review all issues related to this policy.

III. Disclosure Requirements

Investigators must fully disclose to the Office of the Senior Vice President for Resource Development all Interests for each federal project at the time the proposal to fund the project is submitted. Disclosure must be made on the Proposal Clearance Form, indicating the possible conflict of interest. Likewise, Investigators must provide updates of such Interests on an annual basis and/or whenever they acquire new Interests. Interests in projects that might impact funding from State and Private entities are also required to be made known.

IV. Review, Management or Elimination of Conflict of Interest

When an Investigator has Interests that would reasonably appear to be directly or significantly affecting the sponsored project, the Senior Vice President for Administration, based on recommendations from the Senior Vice President for Resource Development and the Senior Vice President for Academic Affairs, may rule that the project may not proceed. In situations where reasonable doubt exists about the conflict of Interest, certain conditions or restrictions may be imposed. These may include, but are not limited to the following:

Public disclosure of Interests;
Monitoring of the project by independent reviewers;
Modification of the project or plan;
Disqualification from participation in all or a portion of the project;
Divestiture of Interests; and/or
Severance of relationships that create actual or potential conflicts.

V. Appeal Process

An Investigator may appeal the decision made by the Senior Vice President for Administration. Such appeal should be brought before the University Research Committee, whether the project involves research, education, and/or program development. This Committee will review the conflict and make recommendations to the President to either accept the decision or suggest a modified plan.

VI. Sanctions

Failure to file a completed Conflict of Interest Disclosure Form for a sponsored project will be grounds for disciplinary action imposed by the Senior Vice President for Administration. In addition, failure to comply with requirements to file a complete and accurate disclosure may result in the termination of current awards and/or the Investigator becoming ineligible to receive future awards.

VII. Administration Policy

This policy will be administered in the Office of the Senior Vice President for Resource Development. For questions concerning Policies, Procedures, and/or Disclosure Form, please contact any of the following:

Ann Smith, Director of Sponsored Programs Administration
Bonnie Zakotnik, Compliance Specialist
Brennetta Holmes, Program Assistant, Sponsored Programs