Standards Governing Relationships with Business Entities - Gifts

The purpose of the gift standard is to avoid even the appearance that an employee’s University decision making will be compromised by the acceptance of the gift. The $25 gift threshold, or any other dollar threshold, without considering the business entity’s relationship with the gift recipient, is inadequate as a standard and could in some cases be overly restrictive.

The current standard requires employees to examine the circumstances in which a gift is offered, and to decline gifts that would compromise, or have the appearance of compromising, the employee’s decision-making in University matters.

When you are offered a gift and are unsure whether you should accept it, you can seek advice from the Conflict of Interest Program. Here is an approach you can use to decide whether you should accept a gift.

1. First, is the gift from a vendor or potential vendor to the University, and do you have direct or indirect influence in some respect regarding the contract or potential contract? If so, under Minnesota Statute 15.43 and University policy you must decline the gift if it is valued at more than $5. There are no exceptions to this standard.

   Examples

   • Your unit hired a professional services contractor. During the New Year holiday season, the contractor delivers to the office a basket that includes several varieties of expensive chocolates and cookies. Decline the gift.
   • A company representative offers to buy you lunch in order to discuss how their new product could improve your unit’s efficiency. Decline the gift.
2. Second, are you involved in the provision of clinical health care, and is the gift from a health care related business entity? If so, you can only accept the following:
   • Modest refreshments, such as coffee, donuts, and soft drinks.
   • A meal approved in advance by your chancellor, dean, or administrative unit head after determining that the meal is being offered in a context that supports the education, research, or outreach mission of the University. The value of the meal should be consistent with the standards set forth in Administrative Policy: Traveling on University Business
   • Modestly priced meals or other items (e.g., tote bags or door prizes) offered to all attendees at a widely-attended educational event or professional conference.

   Examples

   • A pharmaceutical company representative wants to discuss your potential role as a site investigator for a clinical trial at the University. You are not a consultant for the company.
     • You can accept modest refreshments from the representative.
     • If approved in advance by your department head or dean, you could accept a meal. The value of the meal should be consistent with the standards set forth in Administrative Policy: Traveling on University Business.
   • A medical device company has invited you and select others attending a professional conference on the West Coast to attend a dinner.
     • Because this meal is not offered to all attendees at the professional conference, it does not fall under the widely attended educational event or professional conference. If approved in advance by your department head or dean, you could accept the meal. The value of the meal should be consistent with the standards set forth in Administrative Policy: Traveling on University Business.
3. Third, if your situation does not fall under situations 2a or 2b above, then examine the circumstances under which the gift is being offered to you and decline the gift if it would compromise, or have the appearance of compromising, your decision making in University matters. Consider the following factors:
   • Your University position and responsibilities
   • The business entity’s relationship with the University. Are you involved in a University decision that could affect the business entity?
   • The business entity’s reason for the gift.
   • The timing of the gift.
   • The value of the gift.

The gift section has changed in multiple respects, as summarized below: