Conflicts of Interest Policy

Policy Statement

Oakland Community College created this policy to assist employees of the College in identifying situations that may present potential conflicts of interest and to advise employees of their obligation and responsibility to disclose and report potential conflicts. Additionally, employees are expected to understand and recognize their role in promoting a welcoming, positive, and safe working and educational environment.

This policy applies to employees, volunteers, contractors, vendors, students, and visitors (collectively, “employees”). Violation of this policy will not be tolerated and employees who violate this policy may be subject to discipline up to and including termination of employment.

Conflicts of Interest
Generally, a conflict of interest is any personal, professional, political, or material financial interest that is (or is reasonably likely to appear) materially adverse to the interests of the College and/or compromises the employee’s independent judgment. A conflict of interest may also exist in those instances where the actions of an employee involve a personal gain or advantage for the employee or immediate family member, friends, or business partners.

Employees must at all times avoid any conduct that would constitute a conflict of interest between their own interests and the interests of the institution, including avoiding any conduct that would create a material risk of compromising the integrity or damaging the reputation of the College. Moreover, employees should avoid situations in which external associations and interests could compromise or reasonably appear to compromise the College’s business decisions. Each employee shall act in a manner consistent with his or her responsibilities to the College as follows:

1. Employees shall not be a party to or have substantial interest, financial or otherwise, whether directly or indirectly, in any contract (excluding their employment agreement) with the College. Nor shall any employee, directly or indirectly, solicit any contract or services between the College and any party or entity of which they, or members of their immediate families, are an owner, partner, member, investor, shareholder, employee, or have any substantial interest, financial or otherwise. 
2. Employees shall make full disclosure of any relationship, position, or interest that is in conflict with his or her duties as an employee. 
3. Employees shall not place themselves in positions or situations, or otherwise incur an obligation of any nature, which precludes them from performing their duties and responsibilities in the best interests of the College.
4. Employees, either part-time or full-time, shall not give private instruction for pay in any course offered by the College without prior written approval of the Chancellor or the Chancellor’s designee.
5. Employees shall not have direct dealings with students in the sale of private tutorial services, books, instruments, lectures, notes, or similar materials without prior written approval of the Chancellor or the Chancellor’s designee.
6. Employees shall not accept, directly or indirectly, for themselves or for any relative or friend, any gift or favor, other than one involving no more than an ordinary social amenity, from an organization with which the College does business or that seeks to do business with the College.
7. Employees shall not solicit, directly or indirectly, for oneself or for the benefit of any relative or friend, any gift or favor from an organization with which the College does business or that seeks to do business with the College.
8. Employees shall not use the College’s resources for personal benefit, for the benefit of an immediate family member, friend, or for the benefit of an outside entity (e.g. using the institution’s space, equipment, or the services of College employees) without the written approval of the Chancellor.
9. Employees shall not disclose, either directly or indirectly, confidential or proprietary College information for personal gain, gain for an immediate family member, or gain for a third party.
10. Employees shall not use their position at OCC to endorse third party products and/or services.
11. Employees should avoid situations that create a perceived conflict of interest.
12. Employees shall not compete with OCC in the provision of services and products to a third party or have a material financial interest in an entity that competes with OCC. Employees shall avoid relationships with any other entity engaged in the delivery of post-secondary educational services if it would interfere with the employee acting in the best interests of the College.

Disclosures
It shall be the strict obligation of all employees of the College to disclose to their immediate supervisor any personal interest or involvement which may be the subject of a real or perceived potential conflict of interest under the terms of this policy.

Conflicts of interest can arise from one’s employment or from one’s business and personal relationships, as well as from other causes. The College believes that mutual interests or possible conflicts of interest may not necessarily prevent the employee from performing their duties if appropriate disclosures are made and adequate precautions are taken. 

It is not the intent of this policy to prevent the College from contracting with corporations or businesses because an employee or an immediate family member is an employee of the outside entity. The policy is designed to prevent placing employees in a position where their interest in the College and in their places of employment (or other indirect interests) might conflict and to avoid appearances of conflict of interest also.

Definitions

• A conflict of interest is any circumstance described above.
• A family memberincludes the employee’s spouse or domestic partner, the employee’s child, adopted child, stepchild, foster child, step-relation, in-law, brother, sister, parent, grandparent, grandchild or the respective spouse of any of the foregoing; the employee’s aunt, uncle, niece, nephew, or first cousin; and any other person residing within the employee’s household.
• A material financial interest is a financial interest of any kind that, in some circumstances, is substantial enough that it would or reasonably could affect a responsible person or family member’s judgement with respect to transactions they are involved in, including all forms of ompensation. All financial interests must be disclosed and evaluated.
• A gift is any item, whether money, goods or services, of greater than nominal value received directly or indirectly by an employee from any entity who supplies or receives funds, goods, services, or required approvals to or from the College, or proposes to do so in the foreseeable future. A gift can include the positive difference, if any, when the amount paid by an employee for an item is subtracted from the item’s fair market value. A gift can take the form of a loan on less than arm’s length terms. This does not prohibit the acceptance of items of “nominal or insignificant” value that are not related to any activity of OCC. Ordinarily, a gift valued at $100 or less shall be considered a gift of nominal value.

Employment of Relatives (Nepotism)
OCC permits the employment of spouses/domestic partners or relatives in the same department or administrative unit provided that neither spouse/domestic partner nor relative directly determines or may effectively recommend the appointment, retention, work assignment, promotion, demotion, compensation, discipline, or working conditions of the person or immediately supervises the person to whom he/she is related by blood or marriage.

The terms spouse/domestic partner, relatives, and related by blood or marriage are hereby defined as: current spouse/domestic partner, mother, father, son, daughter, brother, sister, grandparents, grandchildren, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, stepmother, stepfather, stepchild, aunt, uncle, niece, nephew, first cousin or any other relative living in the immediate household.

Reporting
Employees should report suspected violations of this policy to their supervisor or use the Whistleblower Policy procedure. The College will not retaliate against employees who report alleged misconduct in good faith.

Change Log

• 07-01-1977  Approved as Board Policy 2.2.3D
• 11-20-1980  Revised and approved
• 11-26-2019  Revised