Conflict Of Interest?

The College requires that all Investigators read and understand the official College conflict of interest policy to ensure the highest standard of sponsored activity. If you would like to print and review the following policy, please use the link below.

RIC Conflict Of Interest Policy For Sponsored Projects

Summary

These guidelines set forth College policy and procedures regarding conflict of interest related to sponsored projects involving research, education, and community service. Their purpose is to protect the credibility and integrity of the College's faculty and staff so that public trust and confidence in the College's sponsored activities are insured.

The College has a responsibility to manage, reduce, or eliminate any actual or potential conflict of interest that may be presented by a financial interest of an investigator. Thus, the College requires that investigators disclose any significant financial interest that may present an actual or potential conflict of interest in relationship with a sponsored project. This obligation pertains to both full-time and part-time faculty and staff. These rules are issued pursuant to federal regulations promulgated by the National Science Foundation and the United States Public Health Service and conforms to the standards set forth therein. College personnel should also remember that they are also subject to the Code of Ethics set forth in Rhode Island General Laws 36-14-1 et seq. In those instances where the Code of Ethics is more stringent than the policy set forth below, the Code of Ethics shall prevail.

Definitions

A Conflict of Interest occurs when there is a divergence between an individual's private interests and his or her professional obligations to the College such that an independent observer might reasonably question whether the individual's professional actions or decisions are determined by considerations of personal gain, financial or otherwise. A conflict of interest depends on the situation and not on the character or actions of the individual. For purposes of this policy, a conflict of interest exists when the College, through procedures described herein, reasonably determines that a significant financial interest could directly and significantly affect the design, conflict, or reporting of sponsored projects.

Investigator means the principal investigator/project director, co-principal investigators, and any other person at the College who is responsible for the design, conduct, or reporting of research, educational, or service activities funded, or proposed for funding, by an external sponsor. In this context, the term "investigator" includes the investigator's spouse and dependent children, as well as any person who is related by blood, adoption, or marriage.

Significant Financial Interest means anything of monetary value, including, but not limited to:

1. Salary or other payments for services (e.g., consulting fees or honoraria).
2. Equity interest (e.g., stocks, stock options, or other ownership interests).
3. Intellectual property rights (e.g., patents, copyrights, and royalties from such rights).

The term does not include:

1. Salary, royalties, or other remuneration from the College.
2. Income from seminars, lectures, or teaching engagements sponsored by public or non-profit entities.
3. Income from service on advisory committees or review panels for public or non-profit entities.
4. An equity interest that when aggregated for the investigator and the investigator's spouse and dependent children does not exceed $5,000 in value as determined through reference to public prices or other reasonable measures of fair market value, or constitute more than a 5% ownership interest in any single business enterprise or entity.
5. Salary, royalties, or other payments that when aggregated for the investigator and the investigator's spouse and dependent children over the next 12 months are not expected to exceed $5,000.

Provided, however, that the exclusions in Items 1, 4, and 5, above, shall not apply if the compensation or transfer of an equity interest is conditioned upon a particular outcome in a sponsored project.

Guidelines

Project investigators are required to disclose all significant financial interests:

1. That would reasonably appear to be directly and significantly affected by the research or educational activities funded, or proposed for funding, by an external sponsor; or
2. In entities whose financial interests would reasonably appear to be affected by the research or educational activities funded, or proposed for funding, by an external sponsor.

Regardless of the above minimum requirements, a faculty or staff member, in his or her own best interests, may choose to disclose any other financial or related interest that could present an actual conflict of interest or be perceived to present a conflict of interest. Disclosure is a key factor in protecting the reputations and careers of investigators from potentially embarrassing or harmful allegations of misconduct.

Disclosure Procedure

Each investigator who has a significant financial interest requiring disclosure shall complete a Significant Financial Interest Disclosure Form and attach all required supporting documentation. The completed disclosure form must be submitted with the proposal and the Rhode Island College Proposal Summary and Approval Form to the Office of Research & Grants Administration. Supporting documentation that identifies the business enterprise or entity involved and the nature and amount of the interest should be submitted in a sealed envelope marked "Confidential" and accompany the disclosure form and the Proposal Summary and Approval Form.

All significant financial interests must be disclosed prior to the time a proposal is submitted. All financial disclosures must be updated by investigators during the period of the award as new reportable significant financial interests are obtained.

The Director of the Office of Research & Grants Administration shall conduct an initial review of all financial disclosures to determine whether a potential for a conflict of interest exists. A conflict of interest exists when the review reasonably determines that a significant financial interest could directly and significantly affect the design, conduct, or reporting of the proposed sponsored project. If the initial determination is made that there may be a potential for conflict of interest covered by this policy, then the disclosure packet will be referred to the College Conflict of Interest Review Committee (CIRC). The CIRC shall consist of the Director of the College's Office of Research & Grants Administration, the College's Legal Counsel, and a faculty member appointed by the College's Vice President for Academic Affairs. The committee shall determine what conditions or restrictions, if any, should by imposed by the institution to manage actual or potential conflicts of interest arising from disclosed significant financial interests. Any such imposed conditions or restrictions shall be incorporated into a written Conflict Resolution Plan. Investigators affected by the plan shall be given opportunity to review and comment on the conditions or restrictions. Investigators dissatisfied with the CIRC Resolution Plan may appeal to the President, who will consult with the investigator(s) and CIRC as the President deems necessary and appropriate to the particular circumstance. The decision of the President shall be final.

The approved Conflict Resolution Plan shall be incorporated into a Memorandum of Understanding between Rhode Island College and the investigator(s) that details the conditions or restrictions imposed upon the investigator(s) in the conduct of the project or in the relationship with the business enterprise or entity. The Memorandum of Understanding shall be signed by the investigator(s) and the College President.

Records of investigator financial disclosures and of actions taken to manage actual or potential conflicts of interest, shall be retained by the Office of Research & Grants Administration until three years after the termination of the award to which they relate, or the resolution of any government action involving those records. The Office of Research & Grants Administration shall maintain the records pertaining to each disclosure in strict confidence. Access to such records will be limited to the faculty member, the CIRC, the President, and others who have a legal right to review the records.

Sanctions

Violations of this policy, such as willful concealment of financial interests, may result in sanctions being imposed upon the violating individual. The CIRC will review allegations of violations and will make recommendations regarding the impositions of sanctions to the resident. The decisions of the President with regard to imposition of sanctions shall be final. If the violation results in a collateral proceeding under College policies regarding misconduct in science, then the CIRC shall defer decision on sanctions until the misconduct in science process is completed. In addition, the College shall follow federal regulations regarding notification of the sponsoring agency in the event an investigator(s) has (have) failed to comply with this policy. The sponsor may take its own action as deemed appropriate, including suspension of funding for the investigator(s) until the matter is resolved.

Collaborations

Collaborations with investigators from other institutions must either comply with this policy or provide a certification that their institutions are in compliance with federal policies regarding investigator significant financial interest disclosure, and that their portion of the project is in compliance with their institutional policies. Subcontractors from commercial firms need not make a certification, except when the prime award is from the United States Public Health Service. PHS requires a certification from any subcontractor, including commerical firms, stating that it is in compliance with federal policies regarding investigator significant financial interest disclosure and that its portion of the project is in compliance with company policies.

Sponsor Proposal Requirements