Mesa State College

Policy on NSF/PHS Investigator Financial Disclosure

I. BACKGROUND

On July 11, 1995, the Public Health Service (PHS) and the Office of the Secretary of the Department of Health and Human Services (HHS) and the National Science Foundation (NSF) issued rules regarding investigator conflict of interest which became effective October 1, 1995. These regulations establish standards and procedures to be followed by institutions that apply for research funding from the PHS and NSF to ensure that the design, conduct, or reporting of research funded under PHS or NSF grants, cooperative agreements or contracts will not be biased by any conflicting financial interest of those investigators responsible for the research.

In accordance with federal regulations, the college is responsible for managing, reducing, or eliminating actual and potential conflicts of interest that may result from the financial interest of an investigator (including those of the investigator's spouse and dependent children). These regulations require that each investigator disclose to a responsible representative of the institution all significant financial interests that would reasonably appear to be affected by the research or educational activities funded or proposed for funding by PHS and NSF, or in entities whose financial interests would reasonably appear to be affected by such activities. In addition, the federal regulation requires that such disclosure occur prior to the submission of the proposal to the funding agency, or if a significant financial interest develops subsequent to proposal submission or issuance of award, as such significant financial interests arise.

In order to comply with these federal requirements, Mesa State College has adopted this policy on Investigator Financial Disclosure.

II. DEFINITIONS

For the purpose of this policy, the following definitions shall apply:

A. "Institution", "College", and "MSC" shall mean Mesa State College.

B. "Investigator" means the principal investigator, CO-principal investigator, project director, CO-project director, or any other person who is responsible for the design, conduct, or reporting of research or project information or other educational activities funded or proposed for funding by an external sponsor. In accordance with federal regulations, the term "investigator " also includes the spouse and dependent children of the individuals listed.

C. "Conflict of Interest" or "Significant Financial Interest" means anything of monetary value, including, but not limited to:
1. salary or other payments for services (e.g., consulting fees or honoraria);
2. equity interest (e.g., stocks, stock options or other ownership interests); and,
3. intellectual property rights (e.g., patents, copyrights and royalties from such rights).
4. The term does not include:
a. salary, royalties or other remuneration from the applicant institution;
b. income from seminars, lectures, or teaching engagements sponsored by public or nonprofit entities;
c. income from service on advisory committees or review panels for public or nonprofit entities;
d. an equity interest that, when aggregated for the investigator and the investigator's spouse and dependent children, meets both of the following tests: does not exceed $10,000 in value as determined through reference to public prices or other reasonable measures of fair market value, and does not represent more than a 5% ownership interest in any single entity; and
e. salary, royalties or other payments that, when aggregated for the investigator and the investigator's spouse and dependent children, are not expected to exceed $10,000 during the twelve month period.

D. "Disclosure" means the divulgence of significant financial interest according to the provisions of this policy.

III. REQUIREMENTS

Each Investigator submitting a proposal to NSF or PHS is required to complete the attached "Significant Financial Disclosure Form" prior to submission of the proposal and to update that information annually or as new interests arise. Investigators must forward the disclosure form and any accompanying documentation to the Director of Sponsored Programs.

Regardless of the above minimum requirements of Significant Financial Interest, any Investigator in his/her own best interest, may choose to disclose any financial or related interest that could present an actual conflict of interest or be perceived to present a conflict of interest. Disclosure is a key factor in protecting one's reputation and career from potentially embarrassing or harmful allegations of misconduct.

IV. PROCEDURES

A. The Significant Financial Disclosure Form will be reviewed for actual or potential conflict of interest. If a conflict appears to exist the Director of Sponsored Programs will forward a copy of the form with supporting documentation to the Vice President for Academic Affairs.

B. The Vice President for Academic Affairs will:
1. Consider the nature and extent of the interest of the investigator and the funded project;
2. Where appropriate, consider the terms and conditions of the sponsored project agreements that may mitigate or complicate the situation;
3. Where appropriate, consult with the investigator;
4. Obtain additional information necessary or helpful in resolving actual or potential conflict;
5. Consult with the college President, attorney, or other individuals as necessary to reach a determination;
6. Act in timely manner so as not to delay conduct of activities; and
7. Inform the investigator in writing of the decision of the review. The review will result in one of the following actions:
a. Approval of the project;
b. Disapproval of the project; or
c. Approval of the project with conditions, restrictions, or limitations necessary to manage, reduce, or eliminate the conflict of interest.

C. Examples of conditions or restrictions that might be imposed to manage, reduce or eliminate conflicts of interest include, but are not limited to:
1. Public disclosure of significant financial interests;
2. Monitoring of research by independent reviewers;
3. Modification of the research plan;
4. Disqualification from participation in the portion of the NSF or PHS funded research that would be affected by significant financial interests;
5. Divestiture of significant financial interests; or
6. Severance of relationships that create actual or potential conflicts.

D. Enforcement and Penalties for Failure to Comply

Enforcement of the requirements of this policy is the responsibility of the Vice President for Academic Affairs. Assessing the nature of a violation and administering a penalty to a MSC faculty or staff member who violates this policy are the responsibilities of the Vice President for Academic Affairs or the Vice President to whom that employee is accountable. Penalties for violation of this policy range from a reprimand and immediate corrective action to dismissal from the college for falsely certifying that no action or potential significant financial interest exists.

E. Notifications to the Federal Government

In accordance with federal regulations, the Office of Sponsored Programs will:
1. Notify the NSF Office of General Counsel in writing if the college finds that it is unable to satisfactorily manage a conflict of interest, or
2. Prior to the expenditure of any PHS funds under an award, will report in writing to the PHS Awarding Component the existence of any conflicting interests and assure that the interest has been managed, reduced or eliminated.

 

F. Retention of Records

Records of disclosures and actions taken in response to disclosures are confidential to the extent permitted by law. The Office of Sponsored Programs will maintain records of all financial disclosures and of all actions taken to resolve conflicts of interest for at least three years beyond the termination or completion of the grant or contract to which they relate, or until the resolution of any NSF or PHS action involving those records, whichever is longer.

MESA STATE COLLEGE
SIGNIFICANT FINANCIAL DISCLOSURE FORM

(Please print or type the following information:)

Investigator Name: __________________________________

Department/School: _________________________________

Campus Phone Number: _________ E-mail Address: __________________

In accordance with Mesa State College policy and federal regulations (PHS 42 CFR Part 50 and NSF GPM 510), I am disclosing the following significant financial interest information (check all boxes that apply) and attaching supporting documentation (in an envelope marked "confidential") that identifies the business entity or enterprise involved and the nature and amount of my interest:

("Significant Financial Interests" are defined as interests valued at greater than $10,000 or an equity or ownership interest of more than 5% held by an Investigator and the Investigator's spouse and/or dependent children. See the policy summary on pages 1 and 2 for exempt interests.)

___ Salary or other payment for services (e.g., consulting fees or honoraria).

___ Equity interests (e.g., stocks, stock options or other ownership interests).

___ Intellectual property rights (e.g., patents, copyrights and royalties from
such rights).

___ Other significant financial interest of the Investigator that could possibly
affect or be perceived to affect the results of the research, educational,
or service activities funded or proposed for funding.

___ I have no significant financial interests which should be disclosed
under this policy.

I agree to update this disclosure as new reportable significant financial interests are obtained; update this form annually; and, comply with any conditions or restrictions imposed by the college to manage, reduce , or eliminate any actual or potential conflict of interest.

In submitting this form, I certify that the above information is true to the best of my knowledge and that I have read and understand the Mesa State College Policy on Investigator Financial Disclosure.

______________________________ ____________________
Signature Date