Management of Conflicts of Interest

Effective Date:

March 15, 2013

Function:

Compliance Office

Contact:

Chief Compliance Officer

Basis for Procedure

Research Foundation Board Members, Officers and Employees must avoid any activity that impairs or would reasonably appear to impair the ability to perform our duties with independence and objectivity.

Accountable Parties

The Operations Manager shall ensure that the Operating Location complies with Research Foundation policies and procedures for disclosing, reviewing and managing conflicts of interest and maintaining records of disclosures and determinations. The Operations Manager may choose to utilize the local conflict of interest policy in force at his/her campus operating location. If the Operations Manager uses the local policy, they must file a copy of that policy with the RF’s Compliance Office and this procedure may serve as a guide. The Chief Compliance Officer shall ensure that Central Office complies with Research Foundation policies and procedures for disclosing, reviewing and managing conflicts of interest and maintaining records of Central Office disclosures and determinations and other documents submitted for review.

Procedure Steps

Step

Role or Responsibility

1a. Using the Situational Disclosure Form, disclose any interest that may have a Financial or Other Interest that may affect your independent and objective performance of your duties to the Research Foundation.

All

1b. Complete an Annual Disclosure Statement.

RF Board Members Officers and Key Employees

1c. Comply with local policy.

Principal Investigators

2a. File the completed Annual Disclosure and/or Situational Disclosure with your Operations Manager.

Operating Location based Key Employees

2b. File the completed Annual Disclosure and/or Situational Disclosure with the RF’s Chief Compliance Officer

Operating Location based Employees.

3a. If the report is filed with an Operations Manager, an Operating Location may choose one of the following two methods of dealing with an actual, apparent, or potential conflict of interest:

  • The Operations Manager or designee shall establish an impartial panel for the review of disclosures, complaints, or inquiries. In the event of a real, apparent, or potential conflict, the impartial panel will determine whether a conflict of interest exists and, if so, what actions will be taken to manage, reduce, or eliminate the conflict of interest or appearance thereof; or
  • The Operations Manager or designee shall review the disclosure, complaint, or inquiry and determine whether a conflict of interest or appearance of conflict of interest exists and, if so, what actions will be taken to manage, reduce, or eliminate the conflict of interest or appearance thereof.

Board Members, Officers, Operations Managers, Central Office Employees

3b. If the report is filed with the RF Chief Compliance Officer, The Chief Compliance Officer may choose one of the following two methods of dealing with an actual, apparent, or potential conflict of interest:

  • The Chief Compliance Officer or designee shall establish an impartial panel for the review of disclosures, complaints, or inquiries. In the event of a real, apparent, or potential conflict, the impartial panel will determine whether a conflict of interest exists and, if so, what actions will be taken to manage, reduce, or eliminate the conflict of interest or appearance thereof; or
  • The Chief Compliance Officer or designee, in consultation with the shall review the disclosure, complaint, or inquiry and determine whether a conflict of interest or appearance of conflict of interest exists and, if so, what actions will be taken to manage, reduce, or eliminate the conflict of interest or appearance thereof.

Operations Manager or designee

4. Where a conflict of interest is discovered that was not previously disclosed appropriate steps must be taken to manage, reduce, or eliminate such conflict of interest. These steps may include, but are not limited to:

  • disqualification for participation in the portion of the sponsored research that would be affected by significant financial interests;
  • divestiture of significant financial interests;
  • recusal from related Research Foundation activity; or
  • severance of relationships that create actual or potential conflicts.

Chief Compliance Officer

5. Undisclosed Conflicts of Interest may be reviewed consistent with the Procedure for Investigating Fraud and Misconduct when it appears that the non-disclosure was intended to circumvent RF Policy

Operations Manager or Chief Compliance Officer, as appropriate

6. Appeal: A Research Foundation Representative or Employee who disagrees with the Operating Location Operations Manager’s or the Chief Compliance Officer’s determination may appeal to the Foundation President, or the President's designee, for reconsideration of such determination.

RF President or designee

7. Determination of Appeal: The RF President will make a final determination on the appeal. The President’s determination shall be final and binding.

RF President

8. Maintain appropriate records related to the disclosure, review, and management of potential, actual, or apparent conflicts of interest.

RF Compliance Office and Operations Managers

Definitions

Please refer to the definitions in the Conflict of Interest Policy

Related Information

NYS Public Officers Law Section 74

Conflict of Interest Policy

Gifts to Employees from Non-RF Sources Policy

Officer Accountability Policy

Nepotism Policy

COI Guidelines

Gifts Guidelines

Policy on Conflicts of Interest in Public Health Service Sponsored Programs

Forms

Conflict of Interest Annual Disclosure Statement

Conflict of Interest Situational Disclosure Statement

Change History

Date

Summary of Change

March 15, 2013

New

 

 

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