Approved by Board of Trustees
Effective Date: April 3, 2019
Responsible Division: Business and Finance
Responsible Office:  Compliance and Enterprise Risk Management
Responsible Officer:  Assistant Vice President for Compliance and Enterprise Risk Management

I. Purpose

All employees of Middle Tennessee State University (MTSU or University) serve the interests of the State of Tennessee and its citizens, and have a duty to avoid activities and situations that, either actually or potentially, put personal interests ahead of the professional obligations that they owe to the University. All employees serve a public interest role and thus have a clear obligation to conduct all affairs of the University in a manner consistent with this concept.

This policy is intended to (1) define the general principles that guide the actions of MTSU employees, (2) offer illustrations of activities that potentially constitute a conflict of interest, (3) make employees aware of disclosure requirements related to conflicts of interest, (4) provide a means of managing and resolving conflicts of interest, and describe the process by which those disclosures shall be evaluated and decisions rendered, and (5) describe the appeals process regarding such decisions.

II. Scope

This policy applies to all persons employed by MTSU either as full-time, part-time, or temporary employees.

III. Definitions

A.  Conflict of Interest. A conflict of interest occurs when the personal interests, financial or otherwise, of a person who owes a duty to MTSU actually, or potentially, diverge from the person’s professional obligations to, and the best interests of, MTSU. For the purposes of this policy, a conflict of interest with a vendor or contractor also creates a conflict of interest with any sub-vendor or sub-contractor of the vendor or contractor.

B.  Conflict of Commitment. A conflict of commitment occurs when the personal or other non-University related activities of an employee impair the ability of that employee to meet his/her commitments of time and energy to the University.

C.  Family Member. The spouse and children (both dependent and non-dependent) of a person covered by this policy.

IV. Pertinent Laws

The following lists are intended to indicate sources of information that may provide additional guidance regarding conflict of interest situations. This policy is intended to be consistent with all pertinent federal and state laws, regulations, and policies, as well as with MTSU policies. To the extent that conflicts arise, federal and state laws, regulations, and policies shall take precedence. The lists are not intended to be exhaustive, and additional laws, regulations, and policies may be implicated in a given conflict of interest situation.

A.  Federal regulations related to research. For information and guidance related to federal funded research and applicable federal regulations, see Policy 404 Conflict of Interest for Externally Funded Projects.

B.  Other federal agencies (i.e., the Veterans’ Administration or the Food and Drug Administration) may require, as a condition to a contract, disclosure and management of conflic