Conflict of interest & conflict of commitment
The identification and proper management of conflicts is critical to ensuring fair process and protecting the reputational interests of faculty members and librarians, academic and operational units, and the University as a whole.
Under the Collective Agreement, faculty and librarians are obliged to report any conflict of interest or conflict of commitment. A General Disclosure Statement must be completed biennially, even if you have no conflict of interest or conflict of commitment to disclose. New actual or potential conflicts must also be disclosed as they arise.
The General Disclosure Statement is due by February 1.
Update for research purposes
An Update for Research Purposes form must be submitted prior to the commencement of any new research project.
For more information about disclosure requirements, please refer to the Collective Agreement - Articles 48 and 49.
Conflict of interest
Conflicts of interest are not always obvious. A conflict of interest is any situation that might cause an impartial observer to reasonably question whether a Member’s actions are influenced by considerations of private interest. “Private interest” can include financial interests, business or commercial interests, personal relationships, or interests related to your other outside activities.
The existence of a Conflict of Interest involves two elements: the Member’s or a related party’s personal interest(s), and the Member’s obligations to the University. A Member is obligated to act in support of the University’s integrity and fundamental mission, which includes avoiding circumstances that may undermine public trust.
Since the possibilities for Conflict of Interest are almost limitless and cannot all be covered in procedures, Members are expected to exercise sound judgement and are responsible for seeking guidance from their Chair or Director where there is ambiguity as to whether a Conflict of Interest exists.
If you are unsure whether a situation creates an actual or potential conflict of interest, you should discuss the matter with your Chair or Director, or with your Dean where applicable.
Examples of conflict of interest
Conflicts of interest can arise in many different circumstances. The following questions and examples may help you determine whether you should disclose a situation. These examples are illustrative and are not intended to represent an exhaustive list of conflicts.
| Consider the following question: | Examples |
|---|---|
| Am I involved in any processes at UVic by which my position or the position of someone with whom I have a close relationship might be affected? | Examples of this would include a relative applying for a job when you are involved in the hiring process; having a close family member register in a course you are supposed to teach. |
| Am I involved in any external organizations whose interests might conflict with those of UVic? |
Examples of this would include an organization offering a competitive program to UVic or a charity that is directly competing for funding with UVic. Another example is participation in malign foreign talent programs (MTRP) administered by a foreign government or state-influenced entity of concern (see FAQ#8 on the Research Security website), wherein the UVic faculty or researchers could be offered with cash and/or in-kind compensation in exchange for:
|
| Do I or someone with whom I have a close relationship stand to gain or lose financially by the actions of UVic that I can or might appear to be able to influence? | Examples of this would include interests of you or family members in partnerships or corporations that may provide property or services to UVic or to an entity UVic controls or paid for out of a research grant that you control; owning property or being aware of a person with whom you have a close relationship owning property that UVic might purchase. |
| Apart from my salary, do I stand to gain financially? |
Examples of where this might cause a conflict would be if you wanted to use the results of work done by your graduate students in a business that you owned or if you require students to buy a book which pays you a royalty. It is not a conflict of interest to participate in salary negotiations or in situations in which you are simply advancing the interest of your unit. |
| Do I have any personal or financial interests that might be advanced by a particular result from my research? |
Examples of this would include sponsorship of your research by a party who might benefit by or who contracted with external organizations that might have an interest in a particular result being achieved. A very common conflict of interest problem arises when you want to use grant funds to employ an immediate family member, or another individual with whom you have a personal relationship, or you intend to purchase equipment, supplies, or services for your research from a company in which you or an immediate family member has an interest. This is a conflict and must be disclosed, either on this form or, if you have already filed this form, later when the situation arises. |
If you are not sure whether your situation creates a conflict of interest or potential conflict of interest, you should discuss the matter with your chair or director (or dean, in the case of non-departmentalized faculties) who will have access to resources to assist in making the determination. There may be penalties for failing to disclose a conflict or potential conflict when you ought to have realized one existed.
If you are in a conflict of interest, the person to whom you report it will review the matter with you and provide guidance as to what must be done to manage the conflict. You may be required to withdraw from some activities or to carry them on only under specified conditions.
Related parties
A Related Party includes:
- your immediate family members, such as your spouse, partner, child, parent or sibling
- any other person who lives with you in your household
- anyone with whom you share a financial interest
The General Disclosure Statement asks you to identify certain circumstances involving Related Parties, including situations involving teaching, supervision, promotion or tenure, employment, or financial interests.
Conflicts of interest in research
In the research context, a Conflict of Interest includes a situation where financial or other personal considerations may compromise, or have the appearance of compromising, a researcher’s professional judgment in conducting or reporting research.
Participating in malign foreign talent programs can also lead to a Conflict of Interest in addition to posing various research security risks on the part of the researcher and the institution (visit the Research Security website for guidance).
Conflicts of interest in teaching
In the teaching context, a Conflict of Interest may include a situation in which course materials in use at the University are sold to a competitor or external tutorial or resource service. Members should consult with the University prior to selling course materials in use at the University.
Course materials created for additional compensation or with substantial use of University resources that are sold commercially are subject to Appendix B: Intellectual Property Policy (GV0215).
Publication or sharing for non-commercial academic purposes is not a Conflict of Interest.
Conflict of commitment
External professional activity includes any activity whether paid or unpaid, which employs the Member’s professional skill or arises out of their academic status, whether or not the activity is academic in nature or discipline related.
A conflict of commitment may arise when external professional activities, taken together as a whole, involve a commitment of time greater than half a working day per week over the course of the year.
The General Disclosure Statement asks you to disclose external professional activities that meet this threshold.
When should I disclose?
You should disclose:
- every two years through the General Disclosure Statement, even if you have no conflict to report
- when a new actual or potential conflict of interest or conflict of commitment arises
- before beginning a new research project, where an Update for Research Purposes form is required
- whenever you are otherwise required to make a disclosure under the Collective Agreement or applicable University requirements.
After you submit your disclosure
Once submitted, your General Disclosure Statement will be routed to the appropriate Dean or other designated reviewer for review. If additional information, clarification, or action is required, the reviewer will contact you.
Submitting a disclosure does not replace your ongoing obligation to disclose a new actual or potential conflict when it arises.
Not sure whether you have a conflict?
Conflicts of interest are not always obvious. If you are uncertain whether a situation creates an actual or potential conflict, you should discuss the situation with your Chair or Director, or with your Dean where applicable.
When in doubt, disclosure is an important part of ensuring that potential conflicts can be appropriately assessed and managed.
Submit your disclosure
For questions about the disclosure process, contact Faculty Relations.