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Employee Standards of Conduct
Employees of the University of Houston-Victoria are public servants and
employees of the State. We have a responsibility to the public to adhere to
the highest ethical standards in the performance of our duties.
The laws, policies and guidelines set forth in the attachments that follow
set the minimum standards for conduct as a University employee. The
University’s code of conduct standards for employees is comprised of
various components:
This information is intended to make you
familiar with the standards that govern your conduct as a state employee.
If you are in need of further guidance, you should consult your unit supervisor or the campus Institutional
Compliance Officer. Also, feel free to call the Ethics Commission at (512)
463-5800 for advice.
Board of Regents Policy
49.01, Code of Ethics
All members of the board and all employees of the system and
its component institutions shall adhere to the highest ethical standards of
conduct reflected in state law and board policies. All members of the board
and employees of the system and its component institutions shall be
furnished a copy of the laws and policies comprising the code of ethics at
the time of employment or commencement of service and at the start of each
academic year.
21.03 Academic Freedom
29.02 Sexual Harassment
31.01 Governmental
Appearances
49.02 Consulting and Paid
Professional Service
49.04 Dual Employment
49.07 Nepotism
49.08 Conflicts of
Interest
21.03 Academic Freedom
(top)
To establish and clarify the rights and responsibilities of
the faculty pursuant to academic freedom, the board adopts the following
policy:
21.03.1 The faculty
member is entitled to full freedom in research and in the publication of the
results, subject to the adequate performance of the faculty member's other
academic duties; but research for pecuniary return should be based upon an
understanding with the authorities of the component university.
21.03.2 The faculty
member is entitled to freedom in the classroom in discussing the subject
matter, but the faculty member should be careful not to introduce into the
teaching controversial matter which has no close relation to the subject.
21.03.3 The faculty
member is a citizen, a member of a learned profession, and an officer of an
educational institution. When speaking or writing as a citizen, the faculty
member shall be free from institutional censorship or discipline, but the
faculty member's special position in the community imposes special
obligations. As a person of learning and an educational officer, the faculty
member should remember that the public may judge the profession and the
institution by the faculty member's utterances. Hence the faculty member
should at all times strive for accuracy, exercise appropriate restraint,
show respect for the opinions of others, and make every effort to indicate
that the faculty member is not speaking for the institution.
29.02
Sexual Harassment
(top)
The board, the system, and the component universities are
committed to providing a professional working and learning environment free
from sexual harassment. Sexual harassment is a form of sex discrimination
and is illegal. Neither the board, nor the system, nor any component
university will tolerate any form of sexual harassment. Furthermore, the
board, the system, and the component universities are committed to providing
the training to educate staff, faculty, and students about sexual harassment
issues.
The component universities and the system administration
shall adopt policies consistent with this policy. The rights of claimants
and respondents will be protected by the procedures developed by the
institutions.
31.01
Governmental Appearances
(top)
All system and component university employees appearing
before Congress, the Texas Legislature, City, County, or governmental body,
or their agencies, committees, or members to offer testimony, opinions, or
commentary in regard to existing or potential laws, rules, or regulations,
not expressly authorized to do so by the board or the chancellor, must
clearly state in advance that they are appearing in their individual
capacities and that their testimony, opinions, and commentary are not
authorized by, and must not be construed as reflecting on, the position of
the system.
49.02
Consulting and Paid Professional Service
(top)
Full-time members of the faculty and professional or
administrative staff may engage in external consultation or other paid
professional services, provided such activities benefit the system and
contribute to the professional development of the individual. This privilege
is subject in all instances to the conditions set forth below. Failure to
comply with this policy may subject an employee to disciplinary action
including reprimand, suspension, or termination.
49.02.1
The first responsibility of the individual is to the system, and outside
professional commitments should not interfere with the person's full-time
responsibility to the system.
49.02.2
No outside obligation should result in any conflict of interest involving
the individual's responsibilities to the system or to its programs,
policies, and objectives. Consulting and other professional agreements that
represent actual or potential conflicts of interest must be avoided.
49.02.3
Use of system facilities, space, equipment, or support staff for consulting
or other paid professional activities is permitted only if a financial
arrangement has been concluded between the individual and the administration
prior to the employee's beginning the outside consulting or other paid
professional service.
49.02.4
Individuals may not represent themselves as acting in the capacity of system
employees when conducting consulting or other paid professional activities.
The system bears no responsibility for any actual or implied obligations or
liabilities incurred by the individual resulting from a consulting or other
paid professional agreement or activity.
49.02.5
Faculty who wish to arrange consulting or other paid professional activities
must provide prior written notification to their dean. Review by their dean
of such activities will include consideration of any real or apparent
conflict of interest and the benefit of the proposed service to the system
and the component university. Each faculty member who engages in consulting
or other paid professional service, including teaching on a temporary basis
at other institutions, must ensure that such activities do not require
commitments of time averaging more than one day per calendar week, and must
arrange such activities so as not to interfere with regularly scheduled
classes.
49.02.6
Professional or administrative staff who wish to arrange consulting or other
paid professional activities must obtain prior written approval from the
appropriate supervisor. While consulting is a recognized aspect of faculty
activities with the limitations noted in this document, consulting by
professional or administrative staff must be justified on an individual
basis by clear and direct benefit to the system.
49.02.7
When any of an individual's salary is paid from funds for externally
sponsored activities, the time allowable for consultation or other paid
professional activities must comply with sponsor requirements.
Unpaid public
service is not included in this policy, nor are occasional lectures that
include fees, unless these activities require significant amounts of time or
otherwise conflict with regular system obligations.
Each president
and the chancellor will establish a process for monitoring outside paid
professional activities of their faculty and staff in order to ensure that
such activities are consistent with the above policy and also serve system
purposes. The chancellor will report to the board annually on such
activities.
49.04
Dual Employment
(top)
The board must give its approval before any officer of the
system or its component institutions may hold other non-elective state or
federal office or position of honor, trust, or profit. Approval must include
formal findings that the dual office holding is of benefit to the state or
required by state or federal law, and creates no conflict of interest. The
board delegates to the chancellor the authority to approve such dual office
holding by any system employee who is not an officer of the system or its
component institutions.
49.07
Nepotism
(top)
Relatives of members of the board or the chancellor shall not
be employed by the system unless the employment took place at least one year
prior to the appointment of the board member or the chancellor. Relatives of
other system employees shall not be employed by the system in positions
where the employee has the official authority to hire or recommend or
approve the hiring, salary, or promotions of the relative.
Relatives shall not be employed in the
supervisory-subordinate relationship even if it results from marriage after
the employment relationship was formed. The provisions of this policy apply
to all system programs regardless of funding source.
For the purposes of this policy, the term "relative" is
defined as anyone related to the employee within the second degree of
affinity or the third degree of consanguinity and includes the employee's
spouse and the employee's or the spouses' parents, grandparents, great
grandparents, brothers, sisters, half brothers and sisters, children,
grandchildren, great grandchildren, aunts, uncles, nieces, nephews, first
cousins, second cousins, and persons married to them.
49.08
Conflicts of Interest
(top)
All members of the board and employees of the system and its
component institutions shall adhere to and be furnished a copy of the
Statutory Standards of Conduct for State Employees, Section 572.051, Texas
Government Code, and shall avoid conflicts of interest, generally described
as the use of one's university employment or position to obtain unauthorized
privileges, benefits, or things of value for oneself or others, including
the following:
49.08.1
No board member or employee shall solicit, engage, or agree to accept any
privilege, benefit or thing of value for the exercise of his or her
discretion, influence, or powers as an employee or regent, except as is
allowed by law.
49.08.2
No board member or employee shall accept any privilege, benefit, or thing of
value that might influence him or her in the discharge of his or her duties
as an employee or regent.
49.08.3
No board member or employee shall use his or her position to secure special
privileges or exemptions for himself or herself or others, except as is
allowed by law.
49.08.4
No board member or employee may be an officer, agent, employee, or member
of, or own an interest in a professional activity that foreseeably might
require or induce him or her to disclose confidential information acquired
by reason of his or her system position.
49.08.5
No board member or employee shall accept employment or engage in any
business or professional activity that foreseeably might require or induce
him or her to disclose confidential information acquired by reason of his or
her system position.
49.08.6
No board member or employee shall disclose confidential information gained
by reason of his or her system position, nor shall he or she otherwise use
such information for his or her personal gain or benefit.
49.08.7
No board member or employee shall transact any business for the system with
any entity of which he or she is an officer, agent, employee, or member, or
in which he or she owns a significant interest.
49.08.8
No board member or employee shall make personal investments in any
enterprise that foreseeably might create a substantial conflict between his
or her private interests and the system's interests.
49.08.9
No board member or employee shall accept other employment that might impair
his or her independence of judgment in the performance of his or her system
duties.
49.08.10
No board member or employee shall receive any compensation for his or her
services to the system from any source other than the State of Texas except
as is allowed by law.
49.08.11
No board member or employee who exercises discretion in connection with
contracts, purchases, payments, claims, or other pecuniary transactions
shall solicit, accept, or agree to accept any benefit from a person or
entity the employee knows or should know is or is likely to become
financially interested in such transactions.
Failure of any
employee to comply with the foregoing shall constitute grounds for discharge
or other disciplinary action.
Texas Government Code §
572.051. Standards of Conduct
A state
officer or employee should not:
(1) accept
or solicit any gift, favor, or service that might reasonably tend to
influence the officer or employee in the discharge of official duties or
that the officer or employee knows or should know is being offered with the
intent to influence the officer's or employee's official conduct;
(2) accept
other employment or engage in a business or professional activity that the
officer or employee might reasonably expect would require or induce the
officer or employee to disclose confidential information acquired by reason
of the official position;
(3) accept
other employment or compensation that could reasonably be expected to impair
the officer's or employee's independence of judgment in the performance of
the officer's or employee's official duties;
(4) make
personal investments that could reasonably be expected to create a
substantial conflict between the officer's or employee's private interest
and the public interest; or
(5)
intentionally or knowingly solicit, accept, or agree to accept any benefit
for having exercised the officer's or employee's official powers or
performed the officer's or employee's official duties in favor of another.
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