Directives

PURPOSE

To establish rules of ethical conduct for College employees which ensure that their private interests do not conflict or appear to conflict with their duties and responsibilities at the College

SCOPE

All College employees, including researchers

DEFINITIONS

POLICY

1. The College expects its employees to act in ways that preserve and enhance the reputation and business integrity of the College.
2. Employees, their spouses and their dependants should not have private or financial interests that could conflict or appear to conflict with the discharge of employees’ official duties.

   
   PROVISIONS FOR EMPLOYEES
   

3.  Upon joining the College and subsequently as and when necessary, employees, at their own initiative, are required to disclose in writing to their immediate supervisor any business, commercial or financial interest which could be construed to be in actual or potential conflict of interest.
4. No conflict should exist or appear to exist between the personal affairs, private interests and activities of employees and their work at the College.  Employees are under an obligation to manage their affairs so that no conflict of interest arises.
5. Employees who hold an outside office or employment should not place themselves in a conflict of interest situation or in a position which raises doubts about their capacity to perform their College duties in an objective manner.
6. Employees should not provide in the performance of their duties, preferential treatment to relatives or friends or to organizations in which they or their relatives or friends have an interest, financial or otherwise.

   
   EXAMPLES of CONFLICT OF INTEREST
   

7.  The following represents behaviours which are in direct conflict of interest with College activities.  The list is not intended to be exhaustive.  In the event that an employee is uncertain if a conflict exists, he or she should utilize the provisions of section 12 of this policy.

   No employee shall:
   7.1  market for personal gain the result of College-sponsored activities except where a written agreement has been reached with the College through the immediate supervisor and approved by the President.
   7.2  use College resources (for example, facilities, materials, staff time or services) for outside or personal work without the prior approval of the immediate supervisor.  If permission is granted to pursue such activity, the College is to secure adequate compensation.
   7.3  acquire or dispose of College equipment or property for personal use or gain without obtaining the necessary approval or following the stated procedures.
   7.4  use the College name or processes to acquire equipment or property for personal use or gain.
   7.5  use or communicate improperly unpublished information, including the unpaid work of students or colleagues, emanating from any part of the College.  This does not include the incidental reporting in conversations, lectures, articles, books or other means of communication of work in progress.
   7.6  associate the name of the College with any outside activity or business venture or use the College address or telephone number for such a purpose.
   7.7  associate their position held at the College with any political activity.
   7.8  compete directly with the College in the provision of services or products under the College’s mandate.  Any activity deemed to represent economic competition will not be allowed.
   7.9  own, be in a partnership or otherwise be materially involved with an outside person, agent, competitor, business, contractor or supplier that deals or competes directly or indirectly with the College.
   7.10  participate in any way in the selection, performance appraisal, demotion, transfer, promotion, discipline or termination of members of their family.
   7.11  accept personal gifts of products or services or other such benefits which may compromise, or give the appearance of compromising objectivity in carrying out their job.

   EMPLOYEE AWARENESS
   

8.  Each employee will receive the College Conflict of Interest policy in their offer of employment letter.  New employees will be asked to sign the Conflict of Interest Certificate of Compliance form (Appendix 1) which acknowledges that they have  received and read the Conflict of Interest policy. If new employees declare any outside office or employment, Human Resources will review the declaration as that office or employment may present a contravention of this policy.
9. As part of the performance review of employees, managers will review the conflict of interest policy and request individual employees to acknowledge that they are aware of the policy and are not currently in a conflict of interest situation. If employees believe they may be in a conflict of interest situation, they are to complete the Declaration of Conflicts of Interest form (Appendix 2) .

   
   ASSESSMENT AND RESOLUTION
   

10. The College requires full disclosure of information of its employees on business, commercial or financial interests which could be construed to be actual or potential conflicts of interest.  Initial disclosure of the relationship is not considered adequate. 
11. Where it is determined that a real conflict exists, the College will respond within a reasonable length of time advising of the necessary action to avoid, withdraw from, or otherwise resolve the situation.
12. Where employees are uncertain if a conflict exists, the onus is on the employee to raise the potential conflict with their immediate supervisor.  Employees are required to notify their  immediate supervisors of business, commercial or financial interests which could be construed to be actual or potential conflicts of interest.  All notification should be in writing, giving full   disclosure of information regarding activities of conflict or potential conflict of interest.  For the purposes of making a determination under this policy, the College may request additional information.
13. The supervisor will respond in writing within twenty (20) workings days to the employee’s potential conflict of interest.  If the supervisor cannot provide a definite answer to the employee’s potential conflict of interest, or further investigation if required, he/she should so inform the employee and provide a date by which the issue will be expected to be resolved.
14. Should the supervisor need assistance to determine whether a conflict of interest exists, the supervisor will seek clarification through the appropriate Vice President and the Director, Labour Relations.  Should ambiguity still exist, the immediate supervisor may file an assessment with the Vice President, Human Resources.

    14.1  If a conflict is deemed not to exist, the employee will be informed in writing and a copy sent to the Human Resources for the employee’s file.
    14.2  If a conflict is deemed to exist, the employee will be informed in writing and the supervisor will advise the employee of the necessary action to be taken to avoid, withdraw from, or otherwise resolve the situation.  A copy will be sent to the Human Resources for the employee’s file.

15.  After a conflict of interest has been deemed to exist, the supervisor will hold a follow-up session with the employee to ensure compliance with this policy.
16. Where the supervisor or other College official becomes aware of a potential conflict of interest, the immediate supervisor will contact the employee concerned to obtain clarification of the activities in question.  The employee will provide full disclosure of information about the business, commercial or financial interests which have been construed as a potential conflict of interest.  The supervisor will respond as described in Section 13.  An employee who is in a conflict of interest situation and has failed to disclose it may be subject to disciplinary sanctions, up to and including the termination of employment.

    
    REVIEW OF SUPERVISOR’S DECISION
    

17. An employee may request a review of the supervisor’s decision about the potential conflict of interest to the next level of management.  This review will be requested in writing and a written decision will be provided to the employee within twenty (20) working days.

    
    FAILURE TO COMPLY
    

18. Failure to comply with this policy will result in disciplinary action, up to and including termination.
19. In the interest of avoiding real and potential conflict of interest situations, the College requires full disclosure of information.  Failure to provide adequate information when requested to do so may result in disciplinary action, up to and including termination.

    
    PROCESS
    

20. The required actions and form of investigation will in all cases depend on the circumstances, taking into consideration the nature of the conflict of interest.   In some cases, not all steps will be required and in other cases, additional steps may be taken.

PROCEDURE

SUPPORTING DOCUMENTATION
Appendix 1         Conflict of Interest Certificate of Compliance
Appendix 2         Declaration of Conflicts of Interest 

RELATED POLICIES
None

RELATED MATERIALS
None