External Professional Activities of Faculty and Other Professional Staff

Executive Summary

Faculty and professional staff members should undertake external activities for pay only if they do not create a conflict of interest or commitment with the individual’s obligations to the University, do not involve inappropriate use of University resources or name, and do not claim University responsibility for the activities. A notice of intent to participate in such activities, including disclosure of financial interests, must be submitted to, and approved by, the individual’s department head prior to engaging in the activities.

I. Policy Statement and Purpose

Faculty and professional staff members should undertake external activities for pay only if they do not create a conflict of interest or commitment with the individual’s obligations to the University, do not involve inappropriate use of University resources or name, do not claim University responsibility for the activities, and are generally limited to no more than 20% of their contracted time. A notice of intent to participate in such activities must be submitted to, and approved by, the individual’s department head prior to engaging in the activities. Financial compensation must be disclosed separately, as described in University Policy 101.24, Conflicts of Interest and Commitment.

II. Definitions

EHRA non-faculty employee (formerly EPA): University employees who are exempt from the North Carolina Human Resources Act.

External Professional Activities for Pay: Any activity that is

1. not included within one’s University employment responsibilities;
2. performed for any entity, public or private, other than the University;
3. undertaken for compensation; and
4. based upon the professional knowledge, experience and abilities of the employee.

Faculty: For the purposes of this policy, the term “Faculty” refers to University faculty members who are employed by the University full- or part-time to do teaching and/or research.

SHRA employee (formerly SPA): University employees who are subject to the North Carolina Human Resources Act.

III. Applicability and Exemptions

A. Applicability

Except as otherwise indicated in Section III.B below, this Policy applies to all University faculty and EHRA non-faculty employees

1. who are classified as .75 FTE or greater,
2. who work in permanent positions, and
3. whose external activity for pay is conducted concurrently with a contract service period, including during the summer when teaching or conducting grant- or contract-funded activities.

B. Exemptions

1. Unless otherwise required by applicable departmental or divisional policy, faculty or EHRA non-faculty employees serving on academic year contracts are exempt from the procedures below if:
   1. The External Professional Activity for Pay is wholly performed and completed outside the academic year; and
   2. The activity does not otherwise conflict with University policies
2. Part-time faculty and EHRA non-faculty employees (less than .75 FTE) are exempt from this Policy but are subject to the requirements of University Policy 101.24, Conflicts of Interest and Commitment.
3. SHRA employees are not covered by this Policy. SHRA employees who engage in secondary employment are covered by University Policy 103.3, Secondary Employment of Employees Subject to the State Human Resources Act.

IV. Procedures

The Board of Governors of the University of North Carolina has enacted a regulation governing the external professional activities for pay by its faculty and EHRA non-faculty employees. The regulation (300.2.2.1[R]) permits such activities provided they do not create conflicts of interest or conflicts of commitment that interfere with obligations to the University, they are generally limited to no more than 20% of one’s contracted time, and advanced review and approval is obtained as described in the regulation.

A. Periodic Disclosure

Any faculty or EHRA non-faculty employee who plans to engage in external professional activities for pay must complete the “Notice of Intent to Engage in External Professional Activity for Pay” (“Notice of Intent”). A Notice of Intent must be completed for each proposed activity, and is completed online through the Niner Research COI (conflict of interest) module. Disclosures are automatically routed to the discloser’s department head for review and approval. Unless there are exceptional circumstances, the Notice of Intent must be submitted at least ten (10) calendar days before the date the activity is scheduled to begin.

All employees who engage in external professional activities for pay, regardless of whether performed during or outside of the academic year, must also annually disclose financial interests in accordance with UNC Board of Governors’ Policy 300.2.2 and University Policy 101.24, Conflicts of Interest and Commitment.

B. Review Procedures

The Notice of Intent shall initially be reviewed by the employee’s Department Head (or Director). If the Department Head or Director determines that the proposed activity is not consistent with this Policy, the employee shall be notified of such determination within ten (10) days of the date the Notice of Intent was filed. In the event of such determination, the employee shall not proceed with the activity but may appeal the determination in writing to the administrative officer to whom the Department Head or Director reports.

Detailed review and approval requirements are listed in the Board of Governors’ Regulations on External Professional Activities for Pay by Faculty and EHRA Non-Faculty Employees, 300.2.2.1[R].

C. Additional Requirements for Senior Academic and Administrative Officers and EHRA non-faculty employees

By administrative regulation 300.2.2.2[R], the President of the University of North Carolina has added the following requirements concerning the external professional activities of specific categories of employees:

1. Persons in the category “Senior Academic and Administrative Officer” must use annual leave if they wish to engage during the conventional University workweek in external activities that produce income for them

2. Persons in the category “Senior Academic and Administrative Officer” and EHRA non-faculty employees are prohibited from receiving honoraria unless:
   1. the activity is performed during non-working hours or while the employee is on annual leave,
   2. the State has no responsibility for paying expenses associated with the activity, and
   3. the activity is not part of the employee’s State duties.

Related Resources

• Board of Governors’ Policy 300.2.2
• Board of Governors’ Regulation 300.2.2.1[R]
• Niner Research COI (conflict of interest) module

Authority

Chancellor

Policy Revisions