Conflict of Interest FAQ

• Conflict of Interest means when an employee or an Immediate Family member has or represents a Significant Financial Interest that competes with, or is adverse to, the individual’s Institutional Responsibilities
• Conflict of Commitment means when an employee’s external commitments or activities (such as professional consulting, other business interests, or personal pursuits) substantially interfere with, or impede, the employee’s ability to satisfy Institutional Responsibilities and commitments to Mines.
• Disclosure means a written communication from the employee to Mines regarding his or her actual Conflict of Interest, Potential Conflict of Interest, or Conflict of Commitment.
• Equity means an interest or stake in an entity including, but not limited to: stock, stock options, warrants, or any security representing ownership/stake in an entity.
• External Employment and Services means employment or services undertaken by an employee for compensation from an individual or entity outside Mines including but not limited to arrangements whereby the employee provides goods or services to external businesses or individuals, paid board appointments, paid speaking engagements, etc.
• Foreign Entity includes country, regional, or local level foreign governments, foreign corporations (private, public and non-profit), foreign universities and foreign research institutes/centers.
• Immediate Family means any family member with whom you have a close relationship that could influence your judgment. Immediate Family includes, but is not limited to, spouse, domestic or civil union partner, parents, siblings, and children
• Institutional Responsibilities means professional responsibilities performed on behalf of Mines (e.g., research, scholarship, education, and service). Examples include, but are not limited to, activities such as research, research collaborations, other sponsored programs such as continuing education training, program development, etc., teaching, work on scholarly publications, responsibilities for financial and transactional activities, and service on institutional committees.
• Management Plan means a plan of action adopted by the COI Committee and the employee to manage any identified actual or potential Conflict of Interest to reduce or eliminate such Conflict of Interest.
• Non-Remunerative External Commitment means continual volunteer service, and external professional service or development activities such as participation in professional societies or organizations, participation in review boards or accreditation efforts for other institutions, etc. The term “continual” means more than sporadically.
• Professional Consulting means the provision of professional advice or services to external constituents with or without remuneration.
• Significant Financial Interest means financial interests of the employee (including those of the Immediate Family, separately or in conjunction with the employee), including anything of monetary value, and reasonably appears to related to the employee’s Institutional Responsibilities.

A Conflict of Interest exists when an employee or an Immediate Family member has or represents a Significant Financial Interest that competes with, or is adverse to, the individual’s Institutional Responsibilities. Where a personal bias or consideration does, or has the potential to, compromise the employee’s professional judgment, the conflict that arises may adversely impact the institution’s research, instructional or administrative programs or operations.

A Potential Conflict of Interest exists when a reasonable person would think that a professional’s judgment is likely to be compromised by their personal financial interests. A Potential COI may develop into an Actual COI when an employee has a Significant Financial Interest that competes with, or is adverse, to the individual’s Institutional Responsibilities.

A Conflict of Interest Disclosure is a form employees fill out and submit which identifies financial interests that may be adverse to Mines.  The Disclosure promotes transparency and provides a mechanism for Compliance and Policy staff to identify potential conflicts and develop a management plan where necessary. 

• All Academic Faculty, except Adjunct Faculty
• All Administrative Faculty
• Classified Staff in business offices
• Graduate student workers involved with research or teaching

Additionally, any faculty, staff, student-employee or student, volunteer, or collaborator (as well as sub-recipients) must comply with Mines’ policy if they are involved in designing, reporting, and/or conducting of the research in any fashion.

Disclosures are submitted to the Office of Compliance and Policy.  Office staff review Disclosures and, when necessary, refer them the Conflict of Interest Committee for conflict management.  This document is not considered part of the personnel file and is not available to the public.

The Disclosure must be submitted within 30 days of hire and at least annually thereafter.  Additionally, an employee must update their Disclosure if a new conflict arises.

Employees will complete the form in MetricStream.  You will receive an email with a link when it’s time to submit your disclosure. 

If you need to update your disclosure, please contact us at compliance@mines.edu.

You can find more information on our Training and Resources page.

You must disclose all Significant Financial Interests held by you or an Immediate Family member that relate to your Institutional Responsibilities.

Examples include, but are not limited to:

• External payment for services related to your Institutional Responsibilities that exceeds $5,000
• Equity, stock, stock options, etc. in a) a publicly traded entity that exceeds either $5,000 or 5% ownership of a single entity; or b) a privately-held company valued at any amount
• Royalties or Licensing fees from Intellectual Property not owned by Mines
• Reimbursed or sponsored travel
• External Board service for an organization doing business with Mines
• Association with a Foreign Entity in relation to your Institutional Responsibilities
• Outside activities or employment that may create an actual or perceived Conflict of Commitment

You do not need to disclose:

• Personal or financial interests unrelated to your Institutional Responsibilities
• Compensation or ownership interests below the thresholds
• Mutual funds or retirement accounts as long as you do not directly control the investment decisions
• Payments from Mines
• Reimbursed or sponsored travel when the funding is provided by:
  • Federal, state, or local US government agencies
  • Public institutions of higher education
  • Academic medical centers/teaching hospitals
  • Research institutes affiliated with institutions of higher education
• External Board service for an entity that does not do business with Mines

If you’re not sure, disclose!

If you fail to submit your disclosure form, the Compliance office will follow-up with your supervisor.  The Compliance office will continue to follow-up and escalate as necessary until you submit your form.

If you fail to disclose an actual or potential conflict that should have been disclosed, you may be subject to discipline commensurate with the severity of the violation.

Generally, the information provided in the form is the only documentation required.  If the Office of Compliance and Policy or the Conflict of Interest Committee need additional information or supporting documentation, that will be addressed on a case-by-case basis.

Not necessarily.  Most conflicts can be effectively handled with a Management Plan.

A Management Plan is a written document that mitigates any actual or potential conflicts by putting certain “rules” in place. This sets clear expectations and guidelines for both Mines and the employee to prevent any actual or potential conflict from interfering with research or business decisions.

Employees responsible for research must complete Conflict of Interest training within 30 days of beginning work at Mines, prior to engaging in any research project, and at least every 4 years thereafter.

Training is available through CITI Program.

• Click “Log in Through My Organization”
• Search for School of Mines
• Click “Continue to SSO Login/Instructions”
• Enter your SSO
• If you are new to CITI, choose “I don’t have a CITI Program account” and follow the prompts; if you have a CITI account, choose “I have a CITI Program account”
• At the CITI Program homepage, click “View Courses”
• Click “Add a Course” under “Learner Tools for Colorado School of Mines”
• Select “Yes” for Question 4
• The required course is BASIC Conflict of Interest and it contains 2 modules:
  • Financial Conflicts of Interest: Overview, Investigator Responsibilities, and COI Rules (ID: 15070)
  • Institutional Responsibilities as They Affect Investigators (ID: 15072)

If you have questions, you can contact the Office of Compliance and Policy at compliance@mines.edu.

You can also review the Conflict of Interest Policy or the Faculty Handbook.