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E80: Conflict of Interest Waiver Policy for Technology Transfer

Policy

Approved by the Faculty Senate 8/24/99 and Board of Regents 10/12/99

This Policy is adopted pursuant to § 21-28-25 NMSA 1978.  Under certain circumstances this Policy will permit an officer or employee of the University to establish and maintain a substantial interest in private entity that provides or receives equipment, materials, supplies or services under contract with the University in order to facilitate the transfer of technology developed by the officer or employee from the University to commercial and industrial enterprises for economic development.

IMPLEMENTATION

1.  Approval Authority.  The President of the University, or a designee of the President ("President"), may grant permission for an officer or employee of the University to establish and maintain a substantial interest in a private entity which contracts with the University for the purpose of providing goods and/or services to the University, or receiving goods and/or services from the University, in accordance with the following procedures.  It is acknowledged that each request will be unique and therefore each request must be dealt with on a case by case basis at the discretion of the President.

2.  Application Requirement.  An officer or employee seeking the permission of the President in accordance with this policy, shall submit a written application for such permission to the President, with copies to the UNM Conflict of Interest Committee [the Committee], and to the Provost (main campus) or Vice President for Health Sciences (HSC).  The application shall contain the following:

a. A detailed description of the officer or employee's interest in the private entity 
b. A full description of the nature of the proposed undertaking. 
c. Factors that demonstrate that the proposed undertaking will benefit the economy of the State of New Mexico. 
d. Factors that demonstrate that the proposed undertaking will not adversely affect research public service or institutional activities at the University. 
e. Factors that demonstrate the officer's or employee's interest in the private entity or benefit from the interest, will not adversely affect any substantial interest of the State of New Mexico.

3.  Committee Recommendation.  The Committee shall issue its recommendation on the application to the President within one month of receipt of the application.  Unless the Committee fails to issue a recommendation within the timeline, the President shall give full consideration to the Committee recommendation prior to issuing a decision.

4.  Approval Criteria.  If the President determines that the application meets the requirements stated above and that the proposed undertaking is in the best interest of, or does not adversely affect, the interest of the University and that it will benefit the economy of the State and not adversely affect research, public service or instructional activities at the University, nor adversely affect any substantial State interest, the President may grant permission to the individual or entity as requested.  As part of any approval, the President may impose such additional limitations or conditions on the approval as the President may deem appropriate.

5.  Advance Approval Required.  Such approval must be received prior to conducting or formally offering to conduct business with the University.

6.  Compliance with Law and UNM Procedures.  Permission granted by the President pursuant to this Policy authorizes the employee or officer to simultaneously hold an interest in a private entity and in a contract with the University that might otherwise be prohibited by conflict of interest laws or procedures.  It does not, however, eliminate the requirement for any such contracts to be entered into and carried out in compliance with other federal and state laws, and University policies and procedures. 

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