Compliance Employee Conflict of Interest Policy

Amherst College (the “College”) is committed to maintaining the highest integrity in all that we do. The College requires all individuals covered under this policy to avoid any conflict, or appearance of conflict, between their interests and those of the College, and to promptly disclose any actual or potential conflicts.

Purpose

The purpose of this policy is to heighten individual awareness of situations that present a conflict of interest so that conflicts may be avoided, or disclosed and properly managed. This policy provides guidance to help individuals identify instances where conflicts might arise, to assist them in eliminating or managing actual conflicts and, when possible, to prevent the appearance of conflicts.

Scope

This policy applies to all Amherst College employees and to anyone executing control over the expenditure or potential expenditure of any College funds or management of College resources, including students (the above-stated categories are collectively referred to in this policy as “covered individuals”). The Conflict of Interest Policy for Trustees, Officers and Key Employees supplements this policy. That policy covers those who must annually disclose conflicts of interest or potential conflicts of interest to the Amherst College Board of Trustees.

Under this policy, covered individuals’ activities and interests may not conflict or have the appearance of conflicting with their commitments to the College. Covered individuals who encounter a circumstance that does or could or appears to conflict with their obligations to the College must immediately discuss the matter with their department head or supervisor.

Definitions

An “actual conflict of interest” arises when a covered individual has a present financial, professional or personal interest that could directly or indirectly affect their professional judgment in carrying out their job responsibilities at the College.

A “potential conflict of interest” arises when a covered individual has a financial, professional or personal interest that may in the future directly or indirectly affect their professional judgment in carrying out their job responsibilities at the College.

An “appearance” of conflict of interest arises when others question whether a covered individual’s own interests could improperly influence the performance of their duties regardless of whether this is actually the case.

Guidance

A conflict of interest may arise when covered individuals have the opportunity or appear to have the opportunity to influence the College’s business, administrative, academic, research, or other decisions in ways that could lead to financial, professional, or personal gain or advantage at the expense of the College.

Below is a non-exhaustive list of examples of situations that create, or may create, a conflict of interest or an appearance of a conflict of interest.

Outside Employment/Participation in Other Organizations

Covered individuals may not have obligations to other entities that negatively impact their obligations to the College. If covered individuals engage in employment outside of the College, they must assure that such employment does not create a conflict of interest. If covered individuals are employed outside of the College, they should notify their department head or supervisor. Not all outside employment will result in a conflict of interest. If the College determines a conflict of interest exists, steps will be taken to resolve the conflict.

Outside employment is a conflict of interest if it:

• interferes with the efficient performance of the covered individual's duties for the College.
• negatively impacts a covered individual’s ability to make decisions and take actions in the best interest of the College.
• involves the performance of duties which the covered individual would typically perform as part of their regular duties with the College, unless they have received prior approval from their department head.
• occurs during regular or assigned working hours unless the covered individual has been properly excused from work by their department head or supervisor.

Additionally, covered individuals should notify their supervisor or department head to determine whether there is a conflict of interest or an appearance of a conflict of interest if they:

• are an executive officer, director, member of a governing body, partner, or owner of any non-profit or for-profit organization or company.
• have a financial interest in an organization or company with which the College is contemplating a transaction or business relationship or has a business relationship, assuming they are aware of the transaction or business relationship (e.g. a vendor, supplier, or contractor).

Accepting Gifts from Vendors

Covered individuals may not personally profit from work relationships. The acceptance of gifts, gratuities, or favors from individuals or organizations with which the College conducts business or that are seeking association with the College or the extension of such gratuities or favors aimed at influencing covered individuals in carrying out their duties may create a conflict of interest or the appearance of a conflict of interest. In an effort to avoid conflicts of interest or the appearance thereof, covered individuals may not accept personal gifts of more than $100 in value, not to exceed $300 per year from the same vendor.  A covered individual must disclose any amount over $100 to their department head or supervisor.

Business, Financial and Family Relationships

To avoid a conflict of interest or the appearance of a conflict of interest, if a covered individual has a personal or business relationship with a vendor or potential vendor to the College, and the covered individual is in a position to influence the selection of the vendor, they should disclose the relationship to their department head or supervisor.

Example of a business relationship: The College seeks a new bank with whom to conduct College business. A bank that an employee uses for personal financial services has approached the employee about being the bank of choice for the College. This employee is also responsible for recommending a new bank to the College.

Example of a personal relationship: Dining Services seeks to source a new vendor for local produce. A dining employee’s brother-in-law operates a local vegetable farm and is seeking to secure an arrangement with the College to provide produce. This employee is responsible for securing the vendor for dining services.

Use of College Resources for Personal Benefit

Covered individuals may not profit from College resources. A covered individual who uses college resources or the name of the College for personal benefit can create a conflict of interest or the appearance of a conflict of interest, including using:

• College assets such as buildings, personnel, equipment, patents, copyrights, technology, and work products for personal gain.
• the name of the College for monetary profit or acting in a way that could create the impression that the covered individual is speaking for the College in an official capacity when they are acting in a personal capacity.
• the College’s name, seal, and other insignias for personal gain in a manner that is inconsistent with the College’s interests.
• Confidential or proprietary information outside of the scope of implementing job duties.

Notification Requirements

Any activities and interests that are potential conflicts of interest require advance department head or supervisory approval. Failing to report such activity immediately, or continuing an activity if the covered individual’s department head or supervisor has disapproved of it could result in disciplinary action.

Department heads or supervisors are responsible for consulting with their supervisor and the College’s Office of General Counsel about situations that do, or could, give rise to a conflict of interest.

A conflict of interest may exist in situations other than those described above. When the College determines a conflict of interest exists, it reserves the right to take appropriate action to resolve the conflict.

Violations by faculty members will be governed by procedures outlined in the Dismissal, suspension, demotion in rank, or deprivation of pay for cause section of the Faculty Handbook.

Approved by Senior Staff on April 29, 2024