Required Disclosure of Outside Employment by University Employees
These forms are available under Downloadable Forms.
(This policy superseded all other policy statements issued on outside employment and it replaces previous SUS/PM 9.000.18. Where the provisions of other University policies are in conflict with this policy, this policy shall prevail in the resolution of the conflict.)
Certain work performed by Southern University System employees for entities outside of the University is recognized as providing a benefit to the University, to the State of Louisiana and to the private sector, as well as to the individual employees. While the University recognizes the right of its employees to disclose such outside employment to submit current and anticipated outside employment information to the University for administrative review and approval to ensure that the collective best interests of the public are served by the employment relations entered into by employees of the Southern University System.
The following policies and procedures are established to conform with the exceptions found at L.R.S. 42:1123(9) which allow faculty and staff members of public higher education institutions to engage in employment outside of the university to provide consulting and other services that are related to their disciplines or expertise. Such employment, however, must be reported and approved in accordance with these policies. The following provisions are applicable to this policy:
- All full-time employees of the University, including faculty, other academic and administrative, unclassified and classified employees, are required to abide by these policies and procedures at all times, including the regular and summer academic terms and while on paid and/or unpaid leaves of absences.
- Outside employment is defined as any non-University activity for which economic benefit is received, including, but not limited to:
- Economic benefits include cash payments or such other non-cash things of value which are of economic benefit, e.g., share of profits, shares of stock, equity participation, etc., which may be agreed to by the University employee and the outside employer, provided that such non-cash economic benefits shall not have a present value significantly in excess of fair compensation for the services rendered. Compensation rates for outside employment need not be related to University salary rates, but they should be negotiated fairly based on normal private sector levels for similar services.
- Outside employment shall be performed only outside of assigned working hours or responsibilities or during a period of paid or unpaid leave, other than sick leaves. During paid sabbatical, special or educational leave, outside employment activities may be permitted only under exceptional, documentable circumstances.
Outside employment shall not conflict, delay or in any manner interfere with instructional, scholarly and/or other services that the employee is obligated to render to the University.
II. OUTSIDE EMPLOYMENT WHICH WILL BE CONSIDERED FOR APPROVAL
The following types of outside employment will be considered for approval:
- General consulting and other outside employment or business activities falling within the parameters of this policy.
- Serving as an expert witness in an area based upon the employee's training and experience.
- Consulting on a non-University research project which is conducted by an outside entity, provided that the employee neither supervises nor performs the research.
III. OUTSIDE EMPLOYMENT WHICH WILL NOT BE APPROVED
- University employee may not receive compensation to assist in the passage or defeat of legislation during the fiscal year in which the legislation is pending in the legislature, except from the Louisiana legislature or any department, institute or agency within the legislative branch.
- A University employee may not be employed by an outside employer to supervise non-University research, as such employee will be considered as a participant or member of the outside research team, rather than as a consultant. In instances such as this, a University employee may not be employed by nor may he/she contract directly with an outside employer/agency unless it is not feasible or practical for the outside employer to seek a contract for desired services through the University under established procedures for sponsored research, as determined by existing University policy or as determined by the appropriate Chancellor.
- Blanket approvals for outside employment will not be granted.
Outside employment or contractual relationships which violate the Louisiana Code of Governmental Ethics will not be approved or ratified for continuation.
IV. EMPLOYEE RESPONSIBILITIES
Full-time University employees who are contemplating outside employment or who are engaged in outside employment shall:
- A. Disclose all outside employment and/or contemplated outside employment in accordance with this policy and the procedures established for implementing same.
- B. Submit a list of all contracts or other agreements between the University and the outside employer through which the employee is involved on behalf of Southern University. Such list shall include, to the extent that the information is known to the employee, the owners, directors, majority shareholders, or affiliates of the outside employer. Additional information about such contracts may be required and shall be provided upon the request of the University.
- C. When outside employment is approved, the employee shall provide notification to the outside employer that he/she accepts such employment as an individual and not, in any manner, as a representative of the University. It is recommended that employees adhere to this mandate by including in any oral testimony given and in any written report submitted, a statement to the effect that the views expressed are those of the employee and do not necessarily reflect the views of the University. In no case may the employee concerned use the name of the University or his or her University affiliation, title or address officially or in any other way in support of any position which he/she may take, nor as a means to solicit or secure the outside employment. Biographical data, including a statement of employment by the Board of Supervisors for the Southern University and Agricultural and Mechanical College, may be included as introductory materials to a written report or the oral testimony of an expert witness, but it may not be incorporated into the body of the written report.
- D. Comply with all other provisions of this policy.
V. REQUIRED APPROVALS
Certain types of outside employment require the approval of the Chancellor/Extension Director and/or the System President. These are as follows:
A. APPROVAL BY THE CHANCELLOR/EXTENSION DIRECTOR REQUIRED
- Under the Louisiana Code of Governmental Ethics, certain outside employment of academic, administrative and professional employees, requires review and approval by the campus Chancellor/Extension Director, as follows:
- Outside employment with an individual or entity currently doing or actively seeking to do business with the employee's unit at the University or under circumstances in which the employee is collaborating with or is on assignment to or on special assignment to a unit within the University with which the outside employer is doing or actively seeking to do business.
- Outside employment involving teaching which will result in university level credit for the student or which will be conducted on University time or which will utilize University property or services.Outside employment which ordinarily would be performed as part of the University's public service function, insofar as that employee's job duties are responsibilities are concerned.
- Outside employment yielding results which advance a theory or practice in the employee's field.
- Outside employment activities which could be accomplished more appropriately by a contract between the outside employer and the University. Employment activity of University employees shall be through such a contract unless entering into the agreement is not feasible or practical.
- Outside employment activity for an individual or entity that has a substantial economic interest which may be materially affected by the way in which the employee performs his/her duties and responsibilities as a University employee.
- If proposed outside employment is with a third party employer that is contracting with or is seeking to contract with the University, the employee must remove himself or herself from any relationship in which (s)he would:
- Approve payments by the University to the third party employer pursuant to any contract between the University and the third party.
- Evaluate any work performed by the University pursuant to a contract between the University and the third party employer.
- Negotiate and/or approve any subsequent contracts between the University and the third party employer.
- Approve the purchase of University equipment or other procurable items/services pursuant to an contract with the third party employer in an amount in excess of $2,000.00.
- Any actions stated in items a. and/or d. of this section must be performed and approved by the employee's immediate supervisor.
- Outside employment which requires the approval of a Chancellor/Extension Director also requires a written agreement between the University employee and the outside employer which shall contain, at a minimum, the following explicit information:
- General technical areas of endeavors expected of the University employee.
- Specific employment or consulting activities to be performed by the University employee.
- The duration of the outside employment agreement.
- Estimated time in hours per week or days per month which will be required of the University employee.
- The University employee's rate of compensation and method of payment.
- Statement that the agreement for the outside employment is between the employee and the outside employer, that the employee is not acting as an agent of the University and that the University bears no liability as a result of the outside employment relationship.
- Statement that the use of the University's name in connection with the outside employment activities shall be only upon written authorization of the University.
- Statement that the rights to any intellectual property, i.e., inventions, materials subject to copyright, patents, etc., resulting from the outside employment activity, to the extent that they would vest in the employee in the absence of any other agreement will be assigned to the University and disposed of as prescribed by Part III, Chapter V: Section 5-15 of the Bylaws and Regulations of the Southern University Board of Supervisors and such other University policy as may be applicable.
- The outside employer and the University employee shall negotiate and draft an agreement meeting all of the requirements herein. If the contract involves consulting with respect to research or technology, the appropriate University office which is primarily responsible for licensing and transfer of technology, e.g., Office of Research, Office of Vice Chancellor for Finance and Administration, etc., should be consulted during the negotiating process. If the contract involves trade secrets and protected confidential commercial or financial information obtained from the outside employer pertaining to research or to the commercialization of technology, such information may be removed from the agreement before its submission for administrative review.
- For such agreements, a Chancellor/Extension Director must certify to the following prior to the execution of any contract approved pursuant to this policy:
- The outside employment activities are not within the employee's duties and responsibilities to the University for which the employee is being compensated by the University.
- The outside employment activities do not conflict, delay or in any manner interfere with instructional, scholarly and/or other services which the employee is obligated to perform the University.
- The consulting activities to be performed are within the academic or professional discipline of the University employee or are related to the area(s) of expertise in which the employee is employed by the University.
B. APPROVAL BY THE PRESIDENT REQUIRED.
- The following types of outside employment require review and approval by the President of the Southern University System. In addition to campus approval:
- Outside employment involving public policy.
- Outside employment of a Chancellor Outside employment of the Extension Director
- Outside employment or contracts by employees for professional, personal, consulting and social services with a department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or any other establishment of the Executive Branch of the State of Louisiana.
- Outside employment which may be required by policies of the Board of Supervisors for the Southern University System or hereafter required by administrative policies of the University to be approved by the President shall be submitted to the President for said review and approval.
- Following approval and execution of an outside employment agreement which requires the President's approval, the appropriate Chancellor or the Extension Director shall receive a copy of same. Copies of all approval forms, certifications and the executed agreement shall be kept in a permanent file by the Chancellor or Extension Director or his/her designee for a period of at least three years beyond the expiration of the agreement.
C. APPROVAL BY CHANCELLOR/EXTENSION DIRECTOR OR DESIGNATED ADMINISTRATIVE OFFICER
- All other outside employment may be approved through normal administrative channels by the Chancellor/Extension Director or by a campus administrative officer designated by the Chancellor/Extension Director.
- Following approval and execution of an outside employment agreement, the appropriate Chancellor/Extension Director shall receive a copy of same. Copies of all approval forms, certifications and the executed agreement shall be kept in a permanent file by the Chancellor/Extension Director or his/her designee for at least a three year period beyond the expiration of the agreement.
VI. USE OF UNIVERSITY FACILITIES, EQUIPMENT, MATERIALS AND SERVICE
If a University employee is requesting approval for outside employment which requires the use of University Human Resources, services, equipment, laboratories or other facilities, appropriate campus administrators, including department chairs, directors, deans, and vice chancellors, must determine the propriety of and circumstances which will govern such usage. When University owned facilities, equipment and other resources are needed or required for any reason, there must be a separately executed contract between the outside employer or private third party and the University. Compensation to the University must be paid at the fair market rate or, if different, at the same rate that such services, facilities, equipment or other resources would be made available to any qualified non University user.