Outside Consulting and Commitments by Intercollegiate Athletics Staff
This procedure applies to professional and administrative (P&A) staff in Intercollegiate Athletics. All other P&A staff are governed by Administrative Procedure: Outside Consulting and Other Professional Commitments by Faculty and Academic Professional and Administrative (P and A) Staff.
Individuals holding appointments in intercollegiate athletics have opportunities to receive benefits of a type frequently unavailable to other University staff members. Therefore, the corresponding need for accountability to the institution becomes greater. Policies related to outside professional commitments of Athletics Department staff, such as the requirement of a comprehensive inventory of private activities, perquisites, or arrangements related to employment, is predicated on the high public visibility of the Athletic Department and the ethical responsibilities of individuals holding appointments in them.
ENDORSEMENTS, PRODUCTS AND SERVICES
If written approval is granted by the Athletics Director, Athletics Department staff may give written, oral, or pictorial endorsements or testimony solicited for the promotion, advertisement, sale or use of commercial products or services. These individuals also may accept remuneration, products or services at reduced rates from non-University enterprises, which may be used in the intercollegiate athletics program or for personal use. Any endorsement or arrangement, including any reciprocal responsibility on the part of the Athletics Department or sport specific program must be by written agreement. The written approval will be in the sole discretion of the Athletics Director who will consider the best interests of the University.
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 "Golden Gopher") 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 will 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 "Policy on the Use of University Facilities for Camps and Clinics."
The following restrictions apply to Intercollegiate Athletics staff. Athletic Department Employees:
- May not use University personnel or students, equipment or services for outside commitments in a way that materially depletes University resources without prior approval and payment of a reasonable fee. Prior approval and agreement for payment terms must be obtained from the Athletics Director.
- May not use the University name, marks, or logos for advertising purposes.
- May not use the official stationery of the University or give as a consulting business address any University building or department name when participating in outside commitments.
- May identify their University employee status when rendering service to or cooperating with 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 professional commitment.
ELIGIBILITY, REPORTING AND PRIOR APPROVAL THRESHOLDS
P&A staff in Intercollegiate Athletics who hold appointments of 75% or more are eligible to engage in outside professional commitments that do not exceed, on the average, one day per seven day week. No outside professional commitment may interfere with:
- Performance of regular employment duties, or
- Compete with coursework offered by the University, or
- Compete with services offered by the employee's unit.
Recurring outside professional commitments, whether compensated or not, require prior approval by the Athletics Director or designee via the ROC.
Faculty or P&A staff whose outside professional commitments, when aggregated during the annual term of the employee’s appointment, will:
- Total three days or fewer, need not obtain prior approval for the outside activity nor report it on the Report of External Professional Activities (REPA).
- Exceed three days but are less than the prior approval threshold of more than one day per month depending on the individual’s appointment, must report the outside professional commitment(s) annually on the REPA form.
- Reach the prior approval threshold of more than one day per month (e.g., more than 12 days for an A appointment, and more than 9 days for a B appointment), depending on the individual’s appointment, must complete a Request for Consultant or Outside Service Agreement (ROC) form to obtain the required approval and report the outside professional commitment(s) annually on the REPA so long as they exceed three days per calendar year.
Faculty or P&A engaged in outside professional commitments must take the action(s) specified below when the aggregated number of days exceeds a threshold specified below.
|Aggregated Number of Days Engaged in Allowable* Outside Professional Commitments for One Calendar Year**||Requires Prior Approval via Completion of a ROC||Requires Annual Reporting via a REPA|
|0 - 3 days||No||No|
|4 - 12 days (A term appointment)
4 - 9 days (B term appointment)
|13 days or more (A term appointment)
10 days or more (B term appointment)
* Allowable activities are those that do not interfere with the performance of regular employment duties, compete with coursework offered by the University, or compete with services offered by the employee’s unit.
** The number of days will vary for appointments than are greater than 75% time, but not an A or B term appointment.
SUBMITTING AND EVALUATING REQUESTS FOR OUTSIDE PROFESSIONAL COMMITMENTS
Outside professional commitments, other than those specified in the administrative policy as not needing to be reported, require prior approval if the prior approval threshold described above is exceeded.
- The requesting individual completes an online ROC.
- Once completed, the online form will be routed to the designated approver (department or unit) for consideration.
Important: If the ROC is approved, the outside professional commitment must be reported via the REPA and reviewed annually by the local unit so long as the commitment involves more than three days annually. All prior approvals expire after three years or at the end of the time period specified in the ROC, whichever comes first. Once the ROC has expired, a new ROC must be filed if the appropriate threshold is met.
Unit Review of Requests
- The Athletics Director or designee reviews the information submitted on the ROC to evaluate whether or not the activity represents a conflict of commitment, to include the following:
- the appropriateness of the commitment
- the amount of time devoted to it
- whether the outside commitment is permissible,
- whether the commitment interferes with employment responsibilities; and
- whether prior approval or a special exemption is required.
- The Athletics Director or designee decides whether to grant or deny the request (ROC). This decision should be made no later than two weeks from the receipt of the request. If the Athletics Director is the decision maker and fails to timely act within this period, the request should be forwarded to the Chief of Staff to the President for review and decision.
- The Athletics Director or designee notifies the individual of the decision. If the request is not approved, a written statement of the reason(s) for withholding approval must be provided to the individual. The unit retains documentation.
The scheduling of outside commitments must be approved by the Athletics Director or designee and must be compatible with the individual’s departmental obligations. Where the seasonal demands on the time of the individual fluctuates, flexible arrangements concerning the scheduling of outside activities may be made which do not adhere to the one-day per-week maximum, so long as the annual amount of time required by such commitments does not exceed the annual allowable maximum. Such special arrangements will require prior approval of the Athletics Director or designee.
The unit should review the appendix to policy: Guidelines for Reviewing Outside Consulting and Other Commitments.
Disputing a Decision of the Athletics Director
- The individual may challenge the decision of the Athletics Director or designee.
- If the decision being challenged was made by the Athletics Director's designee then the decision is referred to the Athletics Director. An appeal from the decision of the Athletics Director is referred to the Chief of Staff to the President. The decision will be made in a timely manner.
- The decision will be communicated to the individual in writing, which will include the reason(s) for upholding the decision of the Athletics Director or authorizing the activity. The decision will be made in a timely manner.
Note: At any level of review, an outside commitment that may create a conflict of interest will be referred to the Conflict of Interest Program for review.
REQUESTING A SPECIAL EXEMPTION
Special exemption approval is required for the following outside professional commitments:
- outside consulting commitments that in total exceed the maximum allowable amount (an average of one day a week per seven day work week, or, for example, a total of 39 or 48 days per year, for B appointments and A appointments, respectively), and
- any professional outside commitment that competes with coursework offered by the University or services offered by the employee's unit.
The Executive Vice President and Provost may grant a special exemption if it is in the best interests of the University. Requests for such exemptions are forwarded through the Athletics Director, who will comment on the submission. The individual whose outside commitment is under consideration will also be invited to comment. Individuals seeking these exemptions must obtain written approval before engaging in the outside commitment.