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Conflict of Interest Policy 431.00
Johnson County Community College
Series: 400 Personnel
Section: Employee Conduct and Performance

Applicability: This Policy applies to all Johnson County Community College (“JCCC” or the “College”) employees, except Designated Officers, who are governed by the Code of Ethics Policy 114.02.

Purpose: The purpose of this Policy is to ensure that employees identify and disclose possible Conflicts of Interest, and conduct themselves in a manner that will not compromise the integrity of the College.

Definitions: 

"Business Agreement” means any agreement, contract, or other business relationship which legally and contractually binds or obligates the College including, but not limited to, purchase agreements for goods, services, and real property, leases, affiliation agreements, sales agreements, grant contracts, memoranda of understanding, letter and arrangement agreements, and commitments.

“Conflict of Interest” means any situation where financial or personal considerations compromise an individual’s objectivity, professional judgment, professional integrity or ability to perform responsibilities for the College and includes actual Conflicts of Interest and Perceived or Potential Conflicts of Interest. 

“Designated Officer” shall have the same meaning as in the Code of Ethics Policy 114.02.

“Family Member” means, for the purposes of this Policy, a spouse, parent, sibling, child, or any other relative or partner who resides in the same household as the employee.

”Perceived or Potential Conflict of Interest” occurs when, although there is no actual Conflict of Interest, the circumstances are such that a reasonable person might question whether an individual’s objectivity, professional judgment, professional integrity or ability to perform responsibilities for the College are compromised.

Statement:

I. Responsibilities. Employees of the College have an obligation to uphold the public trust, protect and advance the College’s integrity and act in the best interests of the College while carrying out their official College duties.

The following non-exclusive list provides examples of situations that often give rise to an actual, Perceived or Potential Conflict of Interest when an employee:

  1. Has an ownership interest in an entity with which the College does business;
  2. Receives significant salary or other compensation from an entity with which or individual with whom the College does business;
  3. Receives significant gifts or individual discounts from an entity with which or individual with whom the College does business, when a reasonable person would infer that the donor’s intent is to influence such employee in the performance of official College duties;
  4. Is an officer, director, or other key decision maker for an entity with which the College does business;
  5. Receives significant commissions or fees as part of an outside business from a customer or client with whom the College does business; or
  6. Has a Family Member or close personal relationship with someone who fits into one of the categories described above.

Additionally, Conflicts of Interest may arise in other circumstances, such as those described in the Dating and Relationship Policy 423.02 and the Nepotism Policy 423.01, and such circumstances will be addressed in accordance with those policies.

II. Disclosure of Interests.Although most Perceived or Potential Conflicts of Interest will be deemed inconsequential, employees shall disclose Perceived or Potential Conflicts of Interest, as well as actual Conflicts of Interest, to their supervisors for review and determination of the appropriate course of action. The supervisor shall require the employee to complete a written disclosure form in connection with the employee’s involvement in making decisions on behalf of the College. In determining whether an interest needs to be disclosed, employees should err on the side of caution and construe this Policy broadly in favor of disclosure.  

III. Agreements, Contracts and Purchases. College employees shall not knowingly promote or enter into any Business Agreement on behalf of the College when an actual Conflict of Interest or Perceived or Potential Conflict of Interest exists, including in the following circumstances:

  1. Employee is employed by or is the other party to the Business Agreement.
  2. Employee or Family Member held an equitable interest of more than $5,000 or 5% of the other party to the Business Agreement at any time in the preceding 12 months.
  3. Employee or Family Member received at least $2,000 in taxable compensation (wages, commissions, fees, etc.) in the preceding tax year from the other party to the Business Agreement.
  4. Employee or Family Member received at least $500 in gifts in the preceding 12 months from the other party to the Business Agreement, unless a gift is due to a personal relationship and clearly not for the purpose of influencing the employee’s official College duties.
  5. Employee or Family Member holds a key decision making position with the other party to the Business Agreement (e.g., officer, director, partner, executive, proprietor, etc.).

IV. Gifts. College employees who participate in selecting vendors, products and contractors or who participate in forming Business Agreements should avoid accepting significant gifts and individual discounts from outside individuals and entities that are existing or potential vendors and contractors for those Business Agreements when a reasonable person would infer that it is the donor’s intent to influence an employee’s official College duties. Occasional meals, beverages and other non-extravagant gifts are acceptable as long as they are not intended to influence the employee’s official action on behalf of the College. Employees who believe they may have accepted a gift giving rise to an actual Conflict of Interest or a Perceived or Potential Conflict of Interest, should notify their supervisor pursuant to this Policy.

Employees are encouraged to consider donating any gifts or proceeds to the College or Foundation. A gift received as a result of a purchase made by the College will typically be deemed as a gift to the College and not any individual employee, unless the employee’s supervisor determines otherwise. Gifts made to the College, whether directly or indirectly through one of its employees, shall be subject to the  External Funds Policy 212.05.

V. Restraint on Participation. With respect to a particular transaction or item of business, if an employee is deemed by the supervisor to have an actual Conflict of Interest or a significant Perceived or Potential Conflict of Interest, the employee shall not participate in the decision for which the employee has the Conflict of Interest. Decisions related to that transaction or item of business shall be made solely by disinterested employees. In determining whether an employee shall be required to refrain from participation, the supervisor should consider all relevant facts and circumstances, including whether the contract price is fixed by law or whether the transaction will be entered into solely and exclusively on the basis of the competitive bidding process, in which case, an employee with a Perceived or Potential Conflict of Interest may still be allowed to participate in some parts of the process. 

VI. Violations. An employee found to be in violation of this Policy may be subject to discipline up to and including termination of employment in accordance with the Suspension, Demotion and Termination Policy 415.08.

VII. Interpretation of Policy. Audit and Advisory Services and the Office of General Counsel will be responsible for interpreting this Policy and any related procedures, as they may be applicable to specific situations.


Date of Adoption: 07/06/1982
Revised: 06/20/2002, 08/15/2013 (Previous version Conflict of Interests – 215.06), 09/21/2017, 07/20/2023