IV – 3.00 Bowie State University Policy and Procedures for Conflict of Interest in Research and Development

I. Introduction and Purpose

Under Maryland’s Public Ethics Law (§§ 5-501-5-509 of the General Provisions Article of the Annotated Code of Maryland) and policies adopted by the Board of Regents of the University System of Maryland (see e.g., USM Section VII-8.05), officials and employees of Bowie State University (the “University”) are prohibited from maintaining interests or participating in activities which present a conflict of interest or apparent conflict of interest.  In addition, the University requires all employees to act in a manner consistent with the laws and regulations of the State of Maryland and regulations of the University System of Maryland, including to avoid conflicts of interest or commitment, and apparent conflicts of interest or commitment (See BSU VI-1.51 Statement of Ethics). 

However, in accordance with Section 5-525 of Maryland’s Public Ethics Law (§ 5-525 of the General Provisions Article of the Annotated Code of Maryland), and the Policy on Conflicts of Interest in Research and Development adopted by the Board of Regents of the University System of Maryland (USM Section III-1.11), officials and employees of the University may obtain an exemption from the provisions of the Public Ethics Law which prohibit an employee from having certain relationships with entities that may otherwise transact business with the University.  Failure to comply with the following procedures may violate the Public Ethics Law.

II. Definitions

Relationship: As used herein, the term “relationship” includes any interest, activity, service, employment, gift, or other benefit or relationship with an entity not part of the State government that would be prohibited by Maryland’s Public Ethics Law if not disclosed and approved pursuant to Bowie State University and Board of Regents policy.  An interest or relationship of the spouse or other relative (e.g. parent, child, or sibling) of an officer or employee is included if it would create restrictions on the officer or employee under the conflict of interest provisions of the Public Ethics Law. See also Gen. Prov. § 5-525(a)(5).

Research and Development:  As used herein, the term “research or development” means basic or applied research or development, and includes the development or marketing of University-owned technology, the acquisition of services of an official or employee by an entity for research and development purposes, or participation in State economic development programs. See also Gen. Prov. § 5-525(a)(6).

III.  Policy Statements

  1. Current or former officials or employees of the University may not have a relationship with an entity engaged in research or development with the University, or an entity having a direct interest in the outcome of research or development with the University, unless said relationship is disclosed to and approved by the President or his/her designee.
    1. To obtain an exemption the official or employee is required to complete and submit the disclosure form and waiver request to his/her Director, Department Chair or Dean, who shall then notify and review the disclosure and request with the Assistant Vice President for Research.
    2. The Assistant Vice President for Research shall review the disclosure form and waiver request to determine what, if any, further information must be disclosed, and what restrictions are needed, if any, to manage, reduce, or eliminate any actual or potential conflict of interest in accordance with Gen. Prov. 5-525, USM III-1.11 Policy on Conflict of Interest in Research or Development, Bowie State University’s Employee Handbook - Guidelines for Appropriate Professional Conduct, and BSU II-3.10 Policy on Professional Commitment of Faculty.
    3. The Assistant Vice President for Research shall forward the disclosure form and waiver request to the Vice President for Academic Affairs, if submitted by faculty members or employees within Academic Affairs, or the Vice President for Administration and Finance, if submitted by University officials or employees outside of Academic Affairs, for further review. The Vice President for Academic Affairs or Vice President for Administration and Finance shall then forward the disclosure form and waiver request to the President, or his/her designee.
    4. The President, or his or her designee, shall make a final determination as to the disposition of the employee’s request for exemption. In making a determination, the President shall consider whether the relationship gives an advantage to the entity in which the requesting official or employee, directly or indirectly, participates or maintains an interest, may lead to the misuse of University students or employees, may interfere with the duties and responsibilities of the official or employee, or may otherwise violate the Public Ethics Law.  
  1. Relationships with the President or Vice Presidents. The President or Vice Presidents may only have a relationship with an entity engaged in research or development with the University, or an entity having a direct interest in the outcome of research or development, if said relationship is disclosed to and approved by the Board of Regents of the University System of Maryland, who must make the findings outlined in Appendix A.   
  2. The University shall promptly notify the State Ethics Commission (the “Commission”) in writing of any approval given under this policy. If the Commission disagrees with any approval and provides notice to the USM Board of Regents or the President within 30 days of the Commission's receipt of notice of the approval, the President shall reexamine the matter.
    1. If the above conditions are not met, this Policy does not exempt a former or present official or employee from any of the provisions of the State Ethics Law.
    2. Nothing in this policy allows an exemption on the part of any official or employee of the University from Gen. Prov. §5-505 ("Gifts or honoraria"). Further, an official or employee of the University may not (1) represent a party for contingent compensation in any matter before the Board of Regents or before the State's Board of Public Works, or (2) intentionally misuse his or her position with the University for personal gain or for the gain of another person.
    3. The approval of a relationship under this policy does not relieve the official or employee from the obligation to comply with other University and USM policies, including the Policy on Professional Commitment of Faculty (BSU II-3.10; USM II-3.10).
    4. No relationship as described in this policy may move forward without approval for a claim of exemption. An official or employee who enters into a relationship without prior approval of an exemption request pursuant to this policy does so in violation of this policy.
  3. The University’s Office of Human Resources shall ensure that all new faculty and staff undergo training on all applicable provisions of the Maryland Public Ethics Law within 6 months of appointment.  Existing faculty and staff should undergo the relevant training every 5 years. 
  4. Reporting. The University shall file quarterly reports to the Chancellor of the University System of Maryland regarding all applicable approvals granted under these procedures. 

IV. Related Policies and Procedures

Annotated Code of Maryland, General Provisions Article, Section 5-525 (2015)

USM III-1.11 Policy on Conflicts of Interest in Research or Development 

BSU II-3.10 Policy on Professional Commitment of Faculty 

BSU Employee Handbook, Guidelines for Appropriate Professional Conduct, page 20 (2023) 

BSU Conflict of Interest Form – Sponsored Programs