Outside Consulting and Other Commitments

University employees may participate in commitments with external entities (outside commitments) during the term of their appointment, as long as the outside commitment does not present a conflict of commitment.  Conflicts of commitment arise if the activity:

• interferes with the performance of regular employment;
• competes with coursework offered by the University; or
• competes with services offered by the employee’s unit.

Non-US citizens are responsible for ensuring that they have the necessary work authorization to engage in outside consulting.

Restrictions

The following restrictions apply to employee participation, regardless of classification, in outside commitments. Employees:

• may not use University personnel or students, equipment or supplies, or services for outside commitments in a way that materially depletes University resources without prior approval and payment of a reasonable fee to the University. Prior approval and agreement for payment terms must be obtained from the employee's unit head and dean, or for administrative units, the senior administrative officer or designee;
• may not use the University name, marks, or logos for advertising purposes;
• may not use the official stationery of the University, or use any University building name or department name as a consulting business address when participating in outside commitments;
• may identify their University employee status when rendering service to an organization outside the University, but may not speak, act, or make representations on behalf of the University, nor may they express institutional endorsement in relation to the outside activity;
• may not, unless an exception is approved, receive personal remuneration or equity from a company while serving as an investigator on a human participant study requiring University Institutional Review Board (IRB) approval and oversight that is sponsored by that company, or involves the development or evaluation of that company’s product, device, or other technology. See Administrative Policy: Individual Conflict of Interest and Standards Governing Relationships with Business Entities.

Professional commitments related to the normal course of University work

Professional commitments (listed below), when they are related to the normal course of work as an employee, may be performed during work hours.  For faculty and P&A with appointments of 75% or greater, these professional activities do not count towards the time maximums listed below.

• Preparing scholarly or artistic works;
• Peer review of articles and grant proposals;
• Attendance at professional meetings and other similar gatherings (e.g. as presenter, organizing committee member, panel chair);
• Uncompensated service as editor or editorial board member;
• Uncompensated service on professional society committees other than boards of directors or elected offices;
• Serving on advisory committees or evaluation panels for governmental agencies, accredited, non-profit institutions of higher education in the U.S. (see definition) or nonprofit entities in the U.S. organized solely for educational, religious, philanthropic, or research purposes (with the exception of nonprofit entities created by for-profit corporations);
• Giving occasional lectures and speeches, participation in colloquia, symposia, site visits, study sections, and similar gatherings sponsored by governmental agencies, accredited, non-profit institutions of higher education in the U.S. (see definition) or nonprofit entities organized solely for educational, religious, philanthropic, or research purposes (with the exception of nonprofit entities created by for-profit corporations);
• Ad hoc refereeing of manuscripts;
• Approved locums for those involved in clinical health care.

The following activities are considered University responsibilities and therefore also are excluded from the scope of this policy:

• working on projects supported by grant or contract funds awarded to the University and accepted by the Board of Regents;
• participating in private practice plans that are part of the scope of Board of Regents policies on private practice plans; and
• teaching extension courses offered by the University.

Civil Service and Non-Faculty Union-Represented Employees

Civil service and non-faculty union-represented employees may participate in outside commitments, including professional commitments, only during non-work hours, unless the activity is approved by a supervisor and is related to the employee’s normal course of work and furthers the mission of the unit. (The remaining requirements associated with this policy will not apply to civil service and non-faculty union-represented employees.)

Faculty and Academic Professional and Administrative

Faculty and P&A employees may participate in outside professional commitments provided that these commitments do not interfere with the performance of regular employment duties, or compete with coursework offered by the University or services offered by the employee's unit during the term of their employment, and further the mission of the University.

• Faculty and P&A employees on appointments of 75% or more are eligible to engage in outside consulting and other outside professional commitments, so long as the professional commitment does not exceed, on the average, one day per seven-day week (see term of appointment maximums).
• Faculty and P&A employees who hold appointments of less than 75% may participate in outside professional commitments only during non-work hours. No time restrictions apply to these individuals during non-work hours.
• Individuals with part-time teaching appointments (less than 75%), excluding tenured and tenure-track faculty, may teach outside the University.

Maximum for Faculty and P&A Employees with Appointments of 75% or Greater

Faculty and P&A employees with appointments of 75% or greater, may not exceed the maximum number of days per term of appointment:

• 12-month appointment: 48 days

• 9-11 month appointment: 39 days. (Employees in these appointments are not subject to this time restriction during the months they are not on appointment, regardless of whether they elect to be paid over 9 months or 12 months.)

  Effort below 100% may allow an individual to consult for additional days (see service effort calculation in the section Maximum for Faculty and P&A Employees with Summer Appointments).

Maximum for Faculty and P&A Employees with Summer Appointments

Faculty and P&A employees on 9-11 month academic year appointments with summer service appointments of 100% may not exceed the maximum number of days during the appointment period:

• One day per seven-day week during the summer service period in which a faculty member receives additional University compensation from teaching, sponsored research contracts, or other sources. Individuals on sponsored research contracts must ensure that the terms of the sponsor contract permits time for outside consulting. Effort below 100% during the summer may allow an individual to consult for additional days. For accounting purposes, a percentage reduction of service effort for an appointment during the summer will be calculated on the basis of a five-day work week (e.g. an individual on an 80% appointment may consult for up to two days per week with prior approval). The 39 day maximum for the regular appointment year is separate and should not be averaged into the summer service appointment period. Individuals holding 9-11 month academic year appointments are not subject to time restrictions during summer periods in which they do not hold summer appointments.

Summer Camps and Clinics

Athletics Department staff may conduct summer camps and clinics as such activities are commonly understood. The use of the name of the University or any title which would imply University endorsement or sponsorship (e.g., "Gopher" or "Bulldogs") is specifically prohibited unless the camp or clinic is developed and operated as a University-sponsored program or the camp or clinic is held in a campus facility and the athletics director gives written permission for the use of specific identifying terms. The athletics director may impose additional limitations or conditions on any grant of permission. Athletics Department staff must comply with the time restrictions of this policy in the conduct of any private camps or clinics. All camps and clinics are subject to the provisions of the Athletics Department document: "Use of University Facilities for Camps and Clinics."

Reporting and Approvals for Outside Professional Commitments

The privilege to engage in outside professional commitments requires prior approval. Faculty and P&A employees with appointments of 75% or greater must obtain prior approval to engage in outside commitments that are not related to the normal course of University work (see section above: Professional commitments related to the normal course of University work).

Employees must complete a Request for Outside Commitment form to obtain the required approval.

Authorship Disclosure

Individuals are expected to disclose the nature of a consulting relationship if the individual qualified for authorship of a resulting research publication during the course of the outside professional commitment. Such disclosure will typically appear in an authorship note or the acknowledgment section of a publication, e.g.: “During initial phases of this work, Professor NAME received compensation as a consultant to COMPANY.”

Written Consulting Agreements

Employees who plan to provide compensated consulting services for one year or longer relating to their University expertise and responsibilities should enter into a signed, written agreement with the business entity prior to providing the consulting services. The written agreement should:

• state the timeframe covered by the agreement;
• describe the services and any deliverables to be provided by the employee;
• state the amount of compensation and expenses to be paid; and
• make clear that the employee is acting solely in their individual capacity and not on behalf of the University.
• Compensation should fall within fair market value parameters for the services provided.
• Payment of travel, food, and lodging expenses should be consistent with the standards set forth in Administrative Policy: Traveling on University Business.

Policy Violations

Violations of this policy include, but are not limited to: failing to request prior approval when the approval threshold has been met or exceeded; engaging in an activity that creates a conflict of commitment; or non-compliance with any of the restrictions stated above. Violations may result in denial of approval for consulting activities and also may be the basis for employee discipline, up to and including termination, depending on the nature and circumstances of the violation. Any discipline imposed will follow the applicable Board of Regents and administrative policies and procedures for the individual’s employment classification.