Conflict of Interest
What is Conflict of Interest?
A potential conflict of interest occurs when an Investigator’s private interests compete with his/her professional obligations to the Texas A&M University System to a degree that an independent observer might reasonably question whether the individual’s professional actions or decisions are determined by considerations of personal gain, financial or otherwise. This regulation is to address such conflicts when a significant financial interest reasonably appears to affect or bias the design, conduct or reporting of research or educational activities funded or proposed for all externally funded projects.
Who is an Investigator?
Investigator means the principal investigator/project director, co-principal investigator, and any other person affiliated with the A&M System who has authority and responsibility for the design, conduct or reporting of research or educational activities funded or proposed for funding to sponsoring agencies. In this context, “Investigator” also includes the investigator’s spouse and dependent children.
What is a potential conflict of interest?
A potential conflict of interest, as defined by University Rule 15.01.03.M1, exists when an Investigator’s financial interests in business enterprises or entities meet the following conditions:
1. An equity interest that when aggregated for the Investigator and the Investigator’s spouse and dependent children, meets both of the following tests: exceeds $10,000 in value as determined through reference to public prices or other reasonable measures of fair market value, and represents more than a five percent ownership interest in any single entity; or
2. Salary, royalties or other payments that, when aggregated for the Investigator and the Investigator’s spouse and dependent children over the next 12 months, are expected to exceed $10,000.
Conflict of interest does not include:
1. Salary, royalties or other remuneration from the A&M System;
2. Income from seminars, lectures, or teaching engagements sponsored by public or nonprofit entities;
3. Income from service on advisory committees or review panels for public or nonprofit entities.
Exactly what must I do?
1. Disclosure of Financial Interests
For each proposal, if a potential conflict of interest does exist, investigators are required to disclose the required information about any entity that could be affected by the sponsored research or educational activities. (See University Rule 15.01.03.M1) All investigators applying for research and/or educational grants from external sponsors must complete a Significant Financial Interest Certification (Attachment A). If the investigator certifies that he/she may have a significant financial interest, then the investigator must also complete the Significant Financial Interest Disclosure Form (Attachment B) with any supporting documentation.
2. Review of Disclosure
a. Upon notification of an approved award, the Research Policy and Development Office will forward all pertinent information to the Dean of the appropriate College, who will conduct an initial review of all financial disclosures and make a recommendation to the Research Policy and Development Office.
b. If the recommendation from the Dean is that there may be a potential conflict of interest, the investigator will be notified and with his/her department head, develop a Resolution Plan (Sample Resolution Plan), which will be forwarded to the University Conflict of Interest Review Committee (UCIRC).
c. Committee members and chair are appointed by the Vice President for Research and Associate Provost for Graduate Studies.
d. The UCIRC will review and Resolution Plan and determine if it is sufficient to manage the conflict of interest. The UCIRC may require additional controls be put in place.
e. The approved Resolution Plan shall be incorporated into a Memorandum of Understanding (MOU) that details the conditions, restrictions and any other additional controls required by the UCIRC of the Investigator to manage the conduct of the project or the relationship with the Business Enterprise or Entity. This MOU will be reviewed annually.
f. Refer to University Standard Administrative Procedure 15.01.03.M1.01 for additional information on appeal process, record keeping and enforcement. (The new SAP is currently not available, still a work in progress).
